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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.
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.
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