impact of moving from TN to H1B for spouse

S

Silencewind

New Member
Hi Folks,

I am a Canadian working on TN in the US. Recently my employer wants to move me to H1B in 2018 (added to CAP queue) due to company policy. Since my wife (Canadian) is also working in US on TN for a different employer. I am concerned about how this will impact her work ability.

1. I was told that H4 is obtained when I activate my H1 status. Question is can she obtain H4 later while still on TN?

2. Is it possible for me in H1B status while my wife remain TN status?

3. Does H4 permit works immediately? or does it require additional step? If not permit to work immediately, does it means there will be a interrupt on her current job?

Thank you in advance,
 
1. She would only need to obtain H4 if she did not have her own independent work status. If she was on TD, for example, she would need to change to H4. This would be done at the same time as you would get H1-B. Your firm MUST NOT apply for H4 for your spouse.

2. Of course. they are completely independent process, just like your 2 TNs are now.

3. H4 only get work permit (H4 EAD) at the later stages of green card process, not automatically when the spouse get H1-B. Until you have an approved I-140, or are in H1-B for more than 6 years, she is not eligible for H4 EAD, so don't even think about that at this time.

Why are they moving you to H1-B (or more accurately, filing for h1-B, since the chances of getting one are slim)? If it is to start GC process, then try to encourage them to begin that process BEFORE or concurrent to starting H1-B process. They do not have to wait for H1-B to get GC, much less start the process. This may be a stall tactic.
 
Thank you nelsona for helping me understand the options.

I am not sure if this is a new policy, but I never asked for/kicked off GC. As far as I know, the change applies for all TNers in my firm. Not sure I can opt out either.

the legal letter sent by my firm made it sounds like it's mandatory to have dependent accompany with me and change to H-4 once I got approve and travel to activate H-1B, or they will be "out of status".

Just to be clear. Is it correct understanding that:

1. I can activate my H1B for myself (if it comes to that) without having my spouse to change her TN to H4 (so her work authorization is unaffected) ?
2. My spouse can change status to H4 at a later time if she lose her work authorization, while I am in H1 (hypothetically).

Regards,
 
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It sounds like your company is NAFTA-phobic and/or they're scared NAFTA might get cancelled. Otherwise it makes absolutely no sense whatsoever to convert TN to H1. So what happens if you don't win the H1B lottery? Are they gonna lay you off?!! I'd be super cautious around an employer like that.

And your wife is NOT your dependent. Period! She has her own TN status. Leave her out of this mess unless she loses her job and becomes your dependent.
 
1. yes you can be on H1B and your wife can stay on TN status
2. yes your spouse can change to H4 at a later time, as long as you are on H1B, if she loses TN

Try to speak or email with your company immigration lawyers to understand why they are doing this. You can stay on TN until expiry (typically 3 years).

There is a lot of hype if NAFTA is cancelled. This is just hype. Read the news today. Latest round has completed and things are much calmer now.
https://www.thestar.com/news/world/...-nafta-former-pm-mulroney-tells-congress.html

I find the news websites have a lot of "click bait" when it comes to NAFTA being cancelled. It will not be cancelled.
 
Thanks OttawaSenators - wasn't aware that "spouse with TN is not dependent". ;-)

Not try to speculate, but it could be one of the concerns the firm has. I doubt laying people off is their favorable approach - more likely moving people to oversee offices if it comes to that.
 
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