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H, L Visa (H1, H4, L1, L2, H2, H3) Post New Thread

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  • H, L Visa (H1, H4, L1, L2, H2, H3) Post New Thread

    Hi guys, just a few questions to assist me in making a decision about my options.

    I am a Canadian citizen on H1B due to expire on 11/15/2008 (end of 6 years). I have however filed for adjustment of status as a derivative to my wife whose I-140 was approved last year but the adjustment of status visa has never been available. I now suspect that it may not be available until after my H1B has expired. I have children (H4s) who can't even file for adjustment of status because the visas are not available one of whom (my son) will be turning 21 years on 12/25/2008.

    1. Can I change my status to TN when I have filed for adjustment of status without invoking the dual intent rule? Professionally qualification for TN is not a problem. If so can I send in the application without going to the border and would that mean applying for everyone in my family including my wife?

    2. Can I request for extension of my H1B based on the fact that I have applied for adjustment of status and that I am waiting for the visa?

    3. Will my son be able to apply and adjust his status if the visa becomes available after he is 21 years old?

    4. Can I apply for EAD through my wife's employment-based application and still be in status along with my children?

    5. Is there any other alternative that I can utilize?

    Thanks in advance and for the good job you're doing.

  • #2
    What is your wife's status?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.