Can I continue on TN after my wife files I-140 under her H1B

R

ralph171

New Member
Hi @nelsona , Happy New Year! :)
Hope you had a great start in 2023.
I am currently in a fix and seek your suggestion.

Situation -
I am on TN visa valid for 2 more years, my spouse is H1B and proceeding with I-140 by employer.
We are Asian born so GC is long wait.

Question - so I have 3 long term options for myself to choose from - TN, H1B , H4, which is the best status to be in given my situation.
1 - Will I still be able to renew my TN visa after my spouse has I-140 approved ?
2- Is it better if I apply for my own H1B cap, as we dont see GC to come any sooner
3 - Or it will better to switch to H4 -EAD

Any other suggestions on things to be cautious about/keep in mind.

Thank you.
Looking forward to your help.
You have been a guiding light in our journey to US. /\
 
You can have your wife's employer file I-140 under premium processing. You will get answer within 15 business days. After its approval, you can move to H4 & you will be entitled to H-4 EAD too.
Premium processing fee can be paid by you or your wife if her employer chooses not to pay.
 
You can remain on TN until your I-485 is filed.

Getting H4 EAD can be problematic for your job, as you must get H4 first (voiding your TN) and wait for the H4 EAD, which can take time.

When you say "asian-born", only China and India are under large backlogs.
 
Thank you so much for your inputs @nelsona @whitemimauz3 @bigboy00 .
my take away - Given the situation and pointers -- I would want to stick to TN
1) as TN will give me more freedom in location and job continuation.
2) H4 will have a dependency on H1B whereas TN is independent
and @nelsona - yes, I belong to India-china group
 
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