H4 to TN visa

sonalsoft05

New Member
Hi Currently i am on H4 visa. My husband on H1B visa and has i-140 approved. recently i became Canadian Citizen Can i apply for TN visa ?
Thanks,
 
Sure, with a proper job offer. His I-140 does not prevent HIM from getting a TN, let alone you.
 
You can just have one status at once in the U.s. Yes you can get a TN you simply need to surrender your H4 status. Furthermore no it won't be an issue later on to change back.
 
Wow. Great advice. The question was related to eligibility for TN once spouse has filed I-140.
Go back to sleep.
 
As I said, it does not affect your TN. CBP and USCIS have specific instruction to NOT deny TN on basis of personal or spousal I-140.
 
Hello,
I'm a European citizen, married to a Mexican citizen.

I have a US employer to sponsor me for the H1B visa.
I know that, for my wife, there are two options: the H4 visa and the TN visa.
I also know that the only way my wife can work legally and immediately in the US is to get a TN visa.

So, I'm wondering what the best pathway regarding our situation is, considering timings, costs, dual-intent, etc...

My idea is the following:
1) if I'm selected at the H1B lottery in March/April, we will apply at the same time (is this possible?) for my H1B visa and her H4 visa.
2) my wife can accompany me in the US. She can open a bank account, get a driving license, etc.. but is NOT allowed to work.
3) she founds a US employer willing to sponsor her for a TN visa (in this case, it will be a change of status, am I right?).
4) she applies for a TN visa and changes her status.
5) we will have two different statuses: me, H1B. Her, TN visa.
6) then I apply for a green card through employment and I will become a US PR.
7) my wife becomes a US PR, too.

Am I right? Is this legally correct? And practically, it sounds good?
My wife, at the moment, holds a B1 visa.
 
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