TN or H4?

[DerpDerp]

Both my spouse and I currently have TN1 visas. My spouse is likely going to receive an H1b soon, and proceed to continue applying for GC after that.

My understanding is that as a spouse of H1b holder I would be eligible to apply for EAD through H4 visa that would not have the job restrictions of the TN visa. Would it be possible to do that without losing my TN and being unable to work while the EAD application is processed?

 

[nelsona]

This depends on whether you can file for H4 and EAD concurrently. The moment you become H4 your TN is dead, whether that be at the border or by mail. If you need to get H4 before applying for EAD, then there will be a period of non-work.
The H4-EAD process would be a question for H1/H4 forum.