Spouse in Canada File TN Visa when I am on H1B and working in US

M

maheshkuttam

New Member
We both are Canadian Citizens born in India.

Right now myself working in US on H1B in which no I-140 is initiated. ( 2 months/ 6 years h1b Validity)

My wife is still in Canada and working for a Canadian Employer.

She would like to Join me in US after taking TN Visa ( Since she can work and TN is straight forward)

Would like to know the impact :
What will happen if i initiate I-140 before she take TN Visa and come here ? Doe it affect her TN approval ?
If I initiated i-140 after she get her TN visa and come here does it affect her TN Renewal ?

Appreciate any response on this!

Thanks!
 
as I suspect you are already aware, you are not supposed to show immigration intent on TN status.
generally filing I-140 was not considered immigration intent in the past. only filing I-485 was showing immigration intent. so your spouse will have to stay in US for the entire time you file I-485 until she receives EAD and AP based on your AOS. Once she has EAD/AP, she will switch from TN status to EAD/AP status. Currently it is taking about 5 months to approve EAD/AP (was 2-4 months in the past).
So I agree, you should have no issues, but there will be international travel restrictions on your wife during the AOS I-485 phase.
Do your homework, investigate more, speak to your company lawyer, speak to your spouses company lawyer (when she gets a job offer on TN).
Nothing has changed as far as I am aware. But with this current administration, who knows if they will make things more strict.
 
We are farrrrr from the I-485 stage.
All is in curiousgeorge file, no need to reiterate minor aspects.
 
i agree, the original poster should read guriousgeorge posts about his experience going from TN to GC. (it was a long and complicated process for him).
i agree, I-485 is a long time away (2 or 3 years likely if born Canadian, but since born in India it will be much longer).
but I disagree with Hello Minister comments, "no issues whatsoever, you guys will be fine".
i believe a 5 months travel restriction is an issue. i just want to caution the original poster to do his homework, read about it from multiple sources, and understand the risks.

to me, the main concern would be being born in India (and spouse born in India). under the current rules, depending on the EB category, it will be very long wait for GC (10-20+ years). I have seen some estimates for over 70 year wait. (or one born in India would be dead before they can apply)

I would have thought the current administration would have been able to pass some sort of immigration reform, to deal with the short comings of the current laws (like removing the country of birth in GC allocation), but it appears they could not even pass some sort of DACA approval, even when a majority of public opinion is in favor of allowing these "dreamers" a GC and path to citizenship. A lot of talk and no action from this current administration.
What we have seen is tightening the interpretation of the current laws/rules. A lot more RFE, a lot more denials, etc.
 
The poster was asking about immediate concerns, not what will happen at step 203 of a process that hasn't even started yet.

If he wants to know about Indian EB immigration, there are plenty of forums on that. I'm sure he is aware of this, since he specified he was born in India. None of the additional concerns you mention have anything to do with TN.

So, for the immediate future, such as his spouse getting a TN in the next 1-20 yrs (by your astute reckoning) , before during or after filing I-140, then, as mister correctly stated, there really are no concerns.
 
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