Wife got laid off (she is currently on TN, thinking to switch to H4)

S

Silencewind

New Member
Hi Folks,

Wife and I are both Canadians. She got laid off today (she will still have 2 months on the payroll).
She is currently on TN (valid until 2025) and I am currently on H1B. We are trying to figure out our options to remaining in the US.

My questions:
1. What are the best option for her to remain in the states? My understanding is that she needs to switch to H4 as a dependence on my H1B.
2. How do we initiated the changes of status process? Do we apply online or need to mail?
3. If online, is "I-539, Application To Extend/Change Nonimmigrant Status" the right form to submit?
4. When is best time to submit the change of status? Is the requirement that USCIS needs to received the application before 60 days grace period ends?
5. If we did not received a decision from USCIS before grace period ends, can she remain legally in the US?
6. Is it practical to go through the change of status process ourselves or is it better to hire an immigration lawyer?
7. We are Canadian in WA states. Is there any unemployment benefits my wife can claim due to the layoff?

Appreciate any advises!
 
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Yes, I-539 is the right form to file for Change of Status to H4 status. You can file online or by mail. It needs to be officially received by USCIS by the end of the grace period. The grace period is 60 days after the "cessation of employment" or when her I-94 expires, whichever is earlier. If she is on the payroll for 2 more months, I don't know whether "cessation of employment" will be now or two months later. Yes, she can legally remain in the US while the I-539 is pending, even if her status expires in the meantime. It is a straightforward application and you don't need a lawyer. Note that the fees will change on April 1 -- if it is filed by March 31, the I-539 fee is $455; if it is filed on or after April 1, the I-539 fee is $420 if filed online, or $470 if filed by paper.

Alternately, instead of doing Change of Status, she can just leave the US and re-enter, saving the couple hundred dollars for the I-539. Since she is a Canadian citizen, she does not need a visa to enter the US; she just needs to present your H1b I-94 and marriage certificate at the port of entry to be admitted into H4 status.

She cannot get unemployment benefits if she is in the US and not in a status that is authorized to work (like H4 without an H4 EAD).
 
Thank you very much @newacct for the advises!

I did not know the option that we can leave the US and re-enter to obtain H4.

What document should we bring with us to get her H4?
I assume: our marriage certificate, my H1B/i94, her TN/i94. Are these sufficient? (is there any form we need to fill or do we simply present above to US boarder agent?

Thanks!
 
She simply presents the above. The TN I-94 that she had on her last stay is not really relevant, as she is seeking to enter into a completely new stay as H4 on the basis of being the spouse of someone on H1b.
 
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