Applying for TN when H4 and EAD extension is pending

[smoorthy]

Hello all,
Not sure if this has been asked before but Im currently on an H4 EAD expiring in early Sep. with the current delays with both h4 and EAD i have high possibility of employment gap.
Hence i was thinking of speaking to my employer to apply for a TN on my behalf from within the US.
Question regarding this:
1. Is this a good idea? Will this conflict with the pending H4 and EAD applications?
2. If i do apply and i get a TN approved, what happens to the pending H4 and EAD applications? Do i have to withdraw it?
3. Lets say after my TNnis approved H4 and EAD is approved as well, can i use this EAD and switch from TN->H4->EAD by going to the border and surrendering TN and getting H4. Once i enter US i will use my existing approved EAD.
Im really looking at ways to avoid employment gap and thinking of ways i can do that.
Please advice and suggest.

Thanks in advance

 

[nelsona]

Getting a TN will not impede the H4/EAD process. Once you get EAD, you would (at your convenience) go to the border and enter on H4, and begin using your new EAD(reporting this to your employer).

I'm sure you are aware that your EAD has a 180 day grace period after expiry (if you have submitted your renewal).

 

[smoorthy]

Getting a TN will not impede the H4/EAD process. Once you get EAD, you would (at your convenience) go to the border and enter on H4, and begin using your new EAD(reporting this to your employer).

I'm sure you are aware that your EAD has a 180 day grace period after expiry (if you have submitted your renewal).

Thanks for the prompt response. This is what I think too but just worry that USCIS may mess things up if there are concurrent applications filed. But hopefully they won't.

To your point of EAD 180 day grace period, unfortunately C26 category(which is what my spouse's H1B based on) you don't get a 180 day extension. This sucks big time and with the crazy delays with H4 and EAD right now, lot of people are facing the same issue of going into employment gap.

Also just to clarify, so technically just because I go on TN to H4 I would not need to apply for a new EAD and can use approved existing EAD(assuming it does get approved)?

Thanks again