** This message is for JUDITH **
by now you now my situation.
I fully understand about my situation, that I am out of status, but as a Canadian I am visa exempt so I can file for the I-129 for my new H-1B visa and then once I get the new approval notice I go to the U.S./Canada border and re-enter and get the I-94.
But this question is about my wife:
She has a valid B1/B2 visitors visa in her passport and it expires in 2021 (8 years from now).
She also has an H-4 visa in her passport, that expires in May of 2013.
But I understand that since my H-1B from my previous employer ended, her H-4 is out of status also.
But is she still in status because of her B1/B2?
If so, she can change status from this B1/B2 to H-4 while remaining in the U.S. yes?
She could also, change status from B1/B2 to F-1 while remaining in the U.S, yes?
P.S. I read that it is important how we entered the U.S. last time.
The last time I entered the U.S was in January of 2013 and I entered on my H-1B visa.
The last time Luciene (my wife) entered the U.S. was September of 2013 and she entered with her H-4 visa.
Does this make a difference?
Because I read that my previous H-1B status, or Luciene's previous H-4 status would not automatically change to B-2 solely because I am a Canadian and she has a B visa in her passport.