TN to H1B

[carpi]

Hi,

I been in US since March 07 with a TN visa (Mexican Citizen), I applied for a H1B on April 1, 2008, and finally last week I got my approval letter with an I-94 attached, valid from 10/01/2008 to 10/01/2011, I'm assuming my TN VISA is valid thru 09/31/2008 but I have the following questions:

1. What do I need to do to get the stamp in my passport?
2. When do I have to ask for the stamp?, right now or later in the year?
3. What about my wife and two daughters? (they already have TD visas)
4. When should I apply for their H4 visas?

[Subramanya]

Visa stamping

I been in US since March 07 with a TN visa (Mexican Citizen), I applied for a H1B on April 1, 2008, and finally last week I got my approval letter with an I-94 attached, valid from 10/01/2008 to 10/01/2011, I'm assuming my TN VISA is valid thru 09/31/2008 but I have the following questions:

1. What do I need to do to get the stamp in my passport?

---- You can get teh stamping in your Passport anytime from now on. However the ideal time is from July onwards.
There are of course rules adn regulations that govern all this. I suggest you not get swayed by them as there are many interpretations

2. When do I have to ask for the stamp?, right now or later in the year?

---- As above

3. What about my wife and two daughters? (they already have TD visas)

4. When should I apply for their H4 visas?[/QUOTE]

---- Apply for H4 at the same time as your H1

Subramanya

[DMX17]

1. What do I need to do to get the stamp in my passport?

-- Job offer letter, I-797, passport etc. The list can found on immihelp webpage.

2. When do I have to ask for the stamp?, right now or later in the year?

-- Since your H1 is approved with a Change of Status (TN to H1) and you got an I-797 with an attached I-94, you can go for stamping even after you start working on H1 on Oct 1st, if you want. A visa is only needed to enter the U.S. on H1 status.


3. What about my wife and two daughters? (they already have TD visas)

The depedents are based on your status. After Oct 1st, you are on H1. They need to enter on H4 status to match your H1. They can get H4 stamps. OR You need to apply for their COSs from TN dependent to H4. This COS should be requested to take effect on Oct 1st according to your H1 start date.

4. When should I apply for their H4 visas?

If you want to get their H4s, you can apply any time the consulate in Mexico/country of interest allows. Remember, once you and your dependent get your H visas, you can only enter on H status 10 days before your H1 start date.


If I were you, I would book appointments for me and family in Mexico in Sept end so that I can continue working on TN for most of the time. Get H1 and H4 (dependents) stamps and enter in Sept end or so and start working on Oct 1st on H1.