H4 COS processing issue (form TD visa)


cookiemom

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Hi, 

My husband and I have a Canadian citizenship, but we came to US with TN visa and TD visa.

My husband's company filed H1B change of status for him, and he was selected and approved recently.

However, the law firm didn't file my H4 Change of Status.

Due to late approval, we were notified H1b approval (Nov 7, 2019), and received a hard copy of 797A (Nov 13, 2019)

On the 797A, his approval and H1B visa start date is Oct 30, 2019.

My husband and his company tried to communicate with the law firm, but somehow they were out of office, or busy.. whatever..

So my husband and I filed COS to H4 (i-539) online Nov 14, 2019. we received a case number.

 

Question.

My TD visa is based on my husband's TN visa.

However, his TN visa is already changed to H1B on October 30, which we didn't know.

And, I filed my Change of Status (TD to H4) Nov 14.

I have a gap 14 days, what should I do? How bad is it? and Is it gonna be a problem?

 

 

My current I-94 is based on my TD visa entry, and it is until September 2020.

 

 

Please help. Please. Thank you so much!

 

 

Edited by cookiemom
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19 minutes ago, pontevecchio said:

COS takes MONTHS. Go to Canada and return and you will be able to get the H4 I94 at the border. 

Thank you so much! thank you for your answer!

May I ask you one more thing? I filed online Change of Status, and probably it will take 2-12 months?

Can I wait in US? or Can I visit Canada end of the year?

I think going to border (POE) is earlier the better, but 

 

Thanks for your answer again!

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