H4 to TN and TN to H4....

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YukonNew

Registered Users (C)
Hello,

I am a Canadian citizen (H4). My husband (non-Canadian citizen) has a H1. I want to convert to TN (I am elligible).

1. Will I be able to switch back and forth easily from H4-TN and TN-H4 two or three time in the future (lets say during the next 5-6 years)?

2. If my husband applies for permanent residency, will it impact my TN status?

THanks for your help!
 
YukonNew said:
1. Will I be able to switch back and forth easily from H4-TN and TN-H4 two or three time in the future (lets say during the next 5-6 years)?
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Yes. It is not a problem. It will require either mailing a petition to USCIS or visiting the border. Your choice.
YukonNew said:
2. If my husband applies for permanent residency, will it impact my TN status?
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Not unless you apply for permanent residency as derivative status when your husband applies for permanent residency as the primary applicant. Which i would encourage you to do as he cannot sponser you to get a greencard once he has his greencard. he would have to wait until he became a citizen (5yrs) until he could sponser you. The impact of applying for permanent residency on your TN status can be mitigated if you are careful about the sequence of filing the different forms with USCIS. THere is much information about how to do this in this forum particularly the member CURIOUSGEORGE has posted a complete how-to list.
 
YukonNew said:
Will I be able to switch back and forth easily from H4-TN and TN-H4 two or three time in the future (lets say during the next 5-6 years)?
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I don't see a problem with this.

2. If my husband applies for permanent residency, will it impact my TN status?
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Once his I-140 is approved and priority date is current, you'll be filing an I-485 along with him. At this point, I would ensure that your TN is ~90-150 days away from expiration to avoid a gap in work authorization.
 
gunt said:
Which i would encourage you to do as he cannot sponser you to get a greencard once he has his greencard. he would have to wait until he became a citizen (5yrs) until he could sponser you.
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This is incorrect. Since they are married at the time he becomes a PR, she never qualifies for FB2A; she will always be eligible for derivative adjustment.
 
TheRealCanadian said:
This is incorrect. Since they are married at the time he becomes a PR, she never qualifies for FB2A; she will always be eligible for derivative adjustment.
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my mistake. I forgot about that. thanks
 
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