H4 to TN Visa. Any problems in future?

I

indy29

New Member
Hi All,

My wife is on H4 Visa with India passport. Recently, she got her Canadian Passport after oath. We are apply for OCI for her now. Meanwhile, her H4 expires by end of Sept 2023 along with mine. I can get stamping when I visit India. But I was thinking to get her H4 stamping on Canadian passport & then apply for H4 EAD.

One of my friend said since my i140 is approved, if she gets H4 EAD. She may not be eligible for TN visa in future? Will it be a problem to convert to TN visa at sometime in future? If yes, what is the process, will it be easy?

Or If we can just stay on H4 without EAD, will that help in future to convert from H4 to TN ?

What are the best choices in our situation?

THanks,
 
You having only an I-140 has no effect on you getting a TN, let alone her. It is an I-485 that will sink any future TN entry.

Whatever non-immigrant status she has or does not have at the time of applying for TN (including H4 or EAD) will have no bearing on its approval.
 
indy29 said:
But I was thinking to get her H4 stamping on Canadian passport & then apply for H4 EAD.
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Canadian citizens do not need US nonimmigrant visas. She would just travel to any US port of entry on her Canadian passport, and present your H1b I-94 to be admitted into H4 status.
 
nelsona said:
You having only an I-140 has no effect on you getting a TN, let alone her. It is an I-485 that will sink any future TN entry.

Whatever non-immigrant status she has or does not have at the time of applying for TN (including H4 or EAD) will have no bearing on its approval.
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Thank you. That's a relief.
 
newacct said:
Canadian citizens do not need US nonimmigrant visas. She would just travel to any US port of entry on her Canadian passport, and present your H1b I-94 to be admitted into H4 status.
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Awesome, I didn't know that. Thanks for answering.

So, getting H4 from POE/CBP makes her eligible for EAD or not?
 
Yes. It won't speed the process; they will simply look at her I-94, recognize her H4 (or even issue a new one) and send the EAD.

Most H4's are gotten at the border or at consulate in any event. Not an unusual situation.
 
nelsona said:
Yes. It won't speed the process; they will simply look at her I-94, recognize her H4 (or even issue a new one) and send the EAD.

Most H4's are gotten at the border or at consulate in any event. Not an unusual situation.
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Appreciate your response.
 
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