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  1. #1

    Default Is H4 still valid if principle changed status?

    Here is my problem: My (two) kids have H4 visa as dependent of my wife. Recently, my wife changed her job and she got TN visa for the new job (instead of renewing her H1). The problem is that she didn't take kids with her when she went to border applying for TN visa. So, kids still have the old H4 (valid till 9/30/2012). It's not that convenient for us to go to border station, so I try to avoid it if possible.

    1. Is the H4 visa still valid (without my wife's H1B) at all?
    2. We plan to cross the border anyway in this summer and we could change their status when we return. Will we get any trouble when we return?
    3. Actually, I still have my H1B visa. Is it possible to consider the kids as my dependent? Or do I have to reapply for them?

    By the way, we are Canadian citizen and working in Texas.

  2. #2
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    Dependents cannot use the H4 Visa if the principal is not in H1 status. If there is a dependent equivalent of H4 for TN Visa, they will need to get that.
    This is my opinion and not legal advice.

  3. #3

    Default

    Thank you very much for the info.

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