H4 and TN at the same time ?

[OhCanada]

I am on a h1-b visa. I am in process for labour cert(since Nov 01)> My wife may be able to qualify for a TN visa. She is here with me on a H4 visitors visa. Can she also apply for a TN or would they contradict each other. Also, is she is eligible and got turned down at the border for her TN, could she simply re-enter on the h4 ?

Thanks, we are trying to be a dual income family after 4 years of waiting for my labour cert !

 

[TheRealCanadian]

Can she also apply for a TN or would they contradict each other.

If she obtains the TN, then she will no longer be in H-4 status. Once her TN job finishes, she can either leave the US and re-enter in H-4 status, or file an I-539 to change her status back to H-4.

Also, is she is eligible and got turned down at the border for her TN, could she simply re-enter on the h4 ?

Probably. If the CBP officer believes that she's likely to work illegally, he can deny entry as an H-4, but that's pretty unlikely.

 

[OhCanada]

Thanks RC

Thanks RC, it sounds somewhat risky, perhaps I will ride out the storm with my labour at the Backlog center(centre). Where in Canada are you from ? (I am from London, ON).

 

[TheRealCanadian]

Thanks RC, it sounds somewhat risky, perhaps I will ride out the storm with my labour at the Backlog center(centre).

It's not risky, any more so than any other entrance to the US. Her other option to to request a change to TN status by having her employer file an I-129.

Where in Canada are you from ? (I am from London, ON).

Toronto.