curiousMeNp
New Member
Hi everyone, Sorry if this is asked often but I couldn't find my particular case not covered in the other posts. I have been doing some research myself but got some tricky questions that I couldn't find answers.
A little bit of background,
I am on TN in the US since Nov 2023 and am thinking of filing for EB2-NIW and got the legal firm from my employer saying that I have a strong case for NIW. (I got 4 papers, 2 patents and a Masters degrees + 5 years of experience). I am a Canadian citizen but not born in Canada, although I am not from India/China or any country with the huge backlog. My wife is not a Canadian citizen, just a Permanent resident and we have her TD visa appointment booked at the consulate in a few months as that was the earliest date available. (She also got admitted to a university in the US, so she could also apply for F1 student visa if that makes her travel flexible, just in case. Anyway, the TD status doesnt allow her work authorization, so she is just going to be a visitor if she comes on the TD visa, so we thought about her doing her studies while here).
Now, onto my questions:
Que 1: If I get approved I-140 (premium processing 2 weeks, lets, say), would there be issues with my wife going to the consulate for her TD visa appointment? If yes, I might need to delay filing the NIW, since I am filing it , not the employer (although this is the legal team that supports my employer)
Que 2: If the i-140 gets denied, will I have issues renewing my TN after this current TN expires?
Que 3: If I-140 gets approved, but my priority date does not become current before my TN expires, is there any issue in renewing my TN?
Que 3: I wouldnt' travel until I get I485 approved, but what about my wife? Does it make a difference if she comes here on F1/student visa vs the TD visa?
Que 4: Can my wife apply for EAD once my I-140 gets approved, or is that something only for spouses of H1B visa holders?
Thanks a lot, I really appreciate the help.
A little bit of background,
I am on TN in the US since Nov 2023 and am thinking of filing for EB2-NIW and got the legal firm from my employer saying that I have a strong case for NIW. (I got 4 papers, 2 patents and a Masters degrees + 5 years of experience). I am a Canadian citizen but not born in Canada, although I am not from India/China or any country with the huge backlog. My wife is not a Canadian citizen, just a Permanent resident and we have her TD visa appointment booked at the consulate in a few months as that was the earliest date available. (She also got admitted to a university in the US, so she could also apply for F1 student visa if that makes her travel flexible, just in case. Anyway, the TD status doesnt allow her work authorization, so she is just going to be a visitor if she comes on the TD visa, so we thought about her doing her studies while here).
Now, onto my questions:
Que 1: If I get approved I-140 (premium processing 2 weeks, lets, say), would there be issues with my wife going to the consulate for her TD visa appointment? If yes, I might need to delay filing the NIW, since I am filing it , not the employer (although this is the legal team that supports my employer)
Que 2: If the i-140 gets denied, will I have issues renewing my TN after this current TN expires?
Que 3: If I-140 gets approved, but my priority date does not become current before my TN expires, is there any issue in renewing my TN?
Que 3: I wouldnt' travel until I get I485 approved, but what about my wife? Does it make a difference if she comes here on F1/student visa vs the TD visa?
Que 4: Can my wife apply for EAD once my I-140 gets approved, or is that something only for spouses of H1B visa holders?
Thanks a lot, I really appreciate the help.
