Does spouse's TN interfere with H1b ?

[z258_14]

Hello all,

I'm a newbie to this topic, so please forgive me if my questions are too basic.

MY wife and I are canadian. We will both finish school by next fall. I've read that if a company applies for H1b for me and I get it, my wife is not authorized to work. Now if she gets an offer after we come to U.S. and applies for TN, does it interfere with my application for GC (assuming that as soon as I start to work my employer starts the process for GC for me). Will both of us be able to get GC ?

Thanks in advance,
z258_14

 

[laborvisalaw]

You are correct - if you get H-1B, your wife will be entitled to H-4 status which does not allow her to work. She can, assuming she meets the requirements, obtain a TN visa which will not interfere with your H-1B.

It should also not interfere with your subsequent green card process. At some point in the future, the fact that you have a pending green card (adjustment of status) application, may indicate that she has immigrant intent, which may preclude her from renewing her TN visa.