TN - H1B - F1

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TNcanadian
Posts: 4
Joined: Fri Jan 23, 2009 1:57 am

TN - H1B - F1

Post by TNcanadian » Fri Apr 17, 2009 4:20 pm

Situation:

Myself, my wife, and kids are presently in the US in TN/TD status (expiration date is July of this year).

My wife has been accepted to a university in the US, so she and my kids will be eligible for F1/F2 status pretty much whenever she needs it (an I20 can be issued as soon as we pay, which can be as early as next week if necessary).

I have just received notice (today) that the H1B application submitted by my employer on my behalf has been approved, with a starting validity date of October 1, 2009.

I intend to leave the US on May 10 (officially on vacation), and will probably not return (i.e. I will resign remotely a couple of weeks after having left).

----

Questions:

1. What will happen to my H1B ? If I return to the US prior to its stated expiration date (September 12, 2012) can I have it reactivated? ... or do I have to actually "use it" after its starting validity date for it to be available (to me) in future years.

2. Since I will still be employed with my firm when I leave the country in early May, will my wife and kids remain in (TD) status up until the day I resign ? ... or does my leaving the country for any reason invalidate their TD. How about if I "forget" to bring my I94 card with me to the airport on May 10, and mail it back a few weeks later when I resign. Does this change anything ?

3. My wife and I would prefer not having to go through the hassle of switching her & my kids from TD to F1/F2 status until mid-May (i.e. about a week after I leave the US, but before I officially quit). Is this OK ? ... or because I left the US on May 10, could she be denied her F1 on the grounds that she was in the US out of status (i.e. after May 10, but before I quit my job). I doubt 1 week's transgression would make a lot of difference, but I'm curious whether OFFICIALLY she would be in or out of status between May 10 and the day I resign.

... just want to make sure we have our bases covered :) .

Any assistance would be appreciated .

Tx

nelsona
Posts: 16014
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Sat Apr 18, 2009 6:01 am

The question of whether you are entitled to get future H1's without being subject to quota, when you never actually use your H1 is a tricky question, best left to an expert. But even if you could, the H1 you get ow will only be good with that employer (and that is only if he doesn't cancel it when you quit, which he is supposed to do), so, unless you work for that employer, you will at the vey least need another h1. The only question is if you need to be subject to quota, and up until when can you get such new h1's. If you worked even one day, say October 1, 2009, and then quit, it is quite clear that you could now get h1's for as long as you don't use up the 6 year clock, which could be 'forever'. But one who never actually became H1? I'm just not sure. You best ask on a reputab;le H1 website.

As to yourfamily's TD status, yes, it is good as long as your TN is still 'valid' \, which in your case means that day you quit.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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