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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.
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.
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.
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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