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H4 Status Query

R

RajGill

Star Member
Jan 3, 2013
100
0
Hi All -

I am Canadian citizen and been in US from 2015 on H4 status. I do have full time permanent job and 2 US born kids. My spouse is planning to move to Canada in June and I have a dependent status on him. I have valid H4 status till Aug 2021 and H4 visa beyond that. If he resigns and move, do I loose my H4 status right way and need to move along with him or I have option to stay here and use valid H4 status time rather than switching to TN visa? So, far I am also not sure if my position is approved for TN visa.

Suggestions are requested.

Thanks,
Raj
 
H

harirajmohan

VIP Member
Mar 3, 2015
6,155
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
RajGill said:
Hi All -

I am Canadian citizen and been in US from 2015 on H4 status. I do have full time permanent job and 2 US born kids. My spouse is planning to move to Canada in June and I have a dependent status on him. I have valid H4 status till Aug 2021 and H4 visa beyond that. If he resigns and move, do I loose my H4 status right way and need to move along with him or I have option to stay here and use valid H4 status time rather than switching to TN visa? So, far I am also not sure if my position is approved for TN visa.

Suggestions are requested.

Thanks,
Raj
Click to expand...
H4 is dependent on H1 status. H1 can stay for 60 days upon termination but for voluntary i dont see any grace period hence you should be also leaving the country.
TN: Due to 0 day grace period, you need to get your TN at the border(if at all you qualify) as change of status wont work in this case.
 
R

RajGill

Star Member
Jan 3, 2013
100
0
In case my position is not eligible for TN Visa - I would like to stay should I seek visitor entry ?
 
H

harirajmohan

VIP Member
Mar 3, 2015
6,155
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
RajGill said:
In case my position is not eligible for TN Visa - I would like to stay should I seek visitor entry ?
Click to expand...
You can apply for visitor visa requesting change of status but mostly it wont be approved as usics had dealt like this kind of applicants (whoever seeking from long term visas to visitor visas to avoid departing the country).
If approved then you would get from a month to few months. Sometimes they would approve back dated(time between your application and the approval document you receive) - In this case you are accumulating illegal stay from the end of the approval till the date you receive the approval.
If not approved the problem is that you would accumulate illegal stay from the day you requested/applied for change of status. This will jeopardize your future entry.

Please seek legal advice on how to stay further legally, if you dont have any other choice.
 
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