husband will be switched to H1-B from L1, can I apply still TN?

R

RBsd

Registered Users (C)
My husband is on L1 and his company will proceed H1-B for him. I am in L2 and have the EAD and is currently employed. However, as my status will be changed to H-4 once my husband's H1-B start effective, I can no longer work. My question is:

- Is it possible to get TN even though my spouse is in H1-B statu? and how to do that?
- if I switch my status from H-4 to TN, will it jepordarize the GC application?
-any other options? We are both canadians.

Thanks!
 
Getting a TN is not a problem, regardless of spouse's non-immigrant status. TN can't jeopardize a GC application.

Why is your spouse's comapny switchng from L1 to H1? He can just as easily get GC from L1, and L2 is better than TN.
 
I thought getting a TN will be a problem as my husband's visa will be switch from non-immigrant visa L1 to immigrant visa H1, and i can't hold H-4 and TN in the same time. Correct me if I am wrong.
His L1 will be expired in two years, so they just started the H1-B process as most likely his L1 will be expired b/4 he can get a GC.
 
Besides, you wouldn't be holding H1 (or L2) at the same time as TN. You would have TN only.

As to switching to H1, be aware that L1 time counts against H1 time, so this may not be stretching out the GC time frame by much more than a year.
 
so once my status change to H-4 (when my husband's status change to H1-B ), how do i apply TN? do I need to fill some kind of status change b/4 applying TN? thank you all for the answers!
 
You go to border with required TN documentation. You should do this well before your spouse switches to H1, so that there is no gap in your employment. There is no need for you to go to H4 status at all, unless you do not have a job.

You sem to be hung up on getting H4. You should NEVER get H4, as this does not permit work. Get your own TN status, and then you don't care what status your spouse has.
 
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Thanks for the advice! It's not i want to get H4, I was told by my spouse's lawyer that my status will be switched to H4 as they just started the H1 appliation for my husband. I am trying to figure out when I should go for TN. Right now I am in L-2, so if I go to the border now, the officer will ask why I am trying to apply for TN; and you suggest not to wait until I am in H4, then what story I should tell to the border officer if ask why I need a TN while I still in L-2? Should I tell them my status will be changed to H4, that's why I need a TN? I am confused.
 
RBsd said:
I was told by my spouse's lawyer that my status will be switched to H4 as they just started the H1 appliation for my husband.
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Tell the attorney you do not want this status, and refuse to sign any G-28 that authorizes them to switch your status.

if I go to the border now, the officer will ask why I am trying to apply for TN; and you suggest not to wait until I am in H4, then what story I should tell to the border officer if ask why I need a TN while I still in L-2? Should I tell them my status will be changed to H4, that's why I need a TN? I am confused.
Click to expand...

Tell them your husband will be switching from an L-1 to an H-1, and you do NOT want to switch status to H-4. Remember, the switch to H-4 is not automatic, and you do NOT want to do it.
 
H1, L1, H4, L2, TN etc are entry statuses. You can have any one that you qualify for, but ONLY one at a time.

The border will not care what your previous status was; they will care that you have the correct documentation for TN, and determine your entry based on that.

Forget H4. That's why we are telling you to get TN now, before the H4 issue even comes up. Follow whet TRC said about not signing anything.

However, just to be on safe side when you do go to the border, be sure to have sufficient evidence of spouse's still-current L1 status (ie current paystub, copy of his I-94) just in case your TN is denied on a technicality, you want to be allowed back in on L2.
 
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