How can my wife work in USA when I Apply for GC?

B

Ben Hu

New Member
My wife and I are both working in USA. We are both Canadian citizens and born in China. I am working in USA with H1-B visa affected from 10/1/2017, while My wife is in TN status affected from 3/16/2017. I just started applying for Green Card this month through EB-2 process. I think the whole process might take about 6 years or more. I planed to let my wife change TN to H4 status when I file I485, so that she can use H4 EAD to work during the process I-4845 approved. However, I just found that Trump Administration intent to remove H4 dependent spouses from the EAD program, so that my wife can not work in USA with H4 visa during the I-485 process. Can my wife apply for TN again just before I file I-485? Thus, My wife at least can work under TN status for another 3 years, If H4 EAD program is removed.

I deeply appreciate any feedback or suggestion for the question.
 
I think if your priority date is current , only then can you apply for AOS/I-485 , until then you are allowed to work on TN. But once the 485 is applied, you can get an EAD in less than 3 months. If your wife's TN is valid for up to 6 months or more from the date you applied for AOS you should be good.
 
She can continue to work, renew and enter US under TN without problems until HER I-485 is filed (usually in conjunction with yours -- but not necessarily ) . Once she files I-485, she can continue to work on TN, however she can neither renew the TN nor enter US on TN. That is easily overcome by waiting in US and working at the current job until her EAD and AP are approved usually 3-4 months after I-485 submission. So, the main point to be aware of is to ensure, like TnRaju stated, that she has enough TN validity left before applying I-485. 6 months is a good rule of thumb. This may mean renewing a TN just before you and she file I-485, if less than 6 months are remaining.

Given the uncertainty of H4 EAD (and btw, not all H4's qualify for the EAD, only H4's whose H1-B spouses have an approved I-140 or are in there 7th+ year of H1-B with PERM awaiting to be current for GC.) I would be focused on keeping TN viable instead.
 
nelsona said:
She can continue to work, renew and enter US under TN without problems until HER I-485 is filed (usually in conjunction with yours -- but not necessarily ) . Once she files I-485, she can continue to work on TN, however she can neither renew the TN nor enter US on TN. That is easily overcome by waiting in US and working at the current job until her EAD and AP are approved usually 3-4 months after I-485 submission. So, the main point to be aware of is to ensure, like TnRaju stated, that she has enough TN validity left before applying I-485. 6 months is a good rule of thumb. This may mean renewing a TN just before you and she file I-485, if less than 6 months are remaining.

Given the uncertainty of H4 EAD (and btw, not all H4's qualify for the EAD, only H4's whose H1-B spouses have an approved I-140 or are in there 7th+ year of H1-B with PERM awaiting to be current for GC.) I would be focused on keeping TN viable instead.
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Nelsona,

I really appreciate your professional and clear information. Thanks again.

Regards,

Ben
 
TnRaju said:
I think if your priority date is current , only then can you apply for AOS/I-485 , until then you are allowed to work on TN. But once the 485 is applied, you can get an EAD in less than 3 months. If your wife's TN is valid for up to 6 months or more from the date you applied for AOS you should be good.
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Tnraju,

Thank you so much for the useful information and quick response.

Regards,

Ben
 
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