I am on TN and wife on H1 (Her employer will file GC)

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preet4575

Registered Users (C)
Hi,

Me and my wife are both Canadian Citizens, she was on TN earlier and later moved to H1 and I am working on TN. Her employer wants to initiate her green card application in couple of months.

1) Can she not include me when filing I-140 and wait to include me till it's time to file I-485?
2) Can i travel freely outside of US with her (since i am on TN), barring certain period till I485 has been filed and EAD has been issued ?
3) Any other things to consider/know?

Thank you!
 
1. Well, you are never included in her I-140. that is soley between the employer/sponsor and the employee. SHE will be the sponsor your I-485, not the firm, even if the firm submits these for you. They will likely want to file I-140 and I-485 at the same time for her, you should join on that, as long as your timing is right, see below.
2. Of course. The only time you cannot travel is between the time your i-485 is filed and before your AP and EAD have been approved. Don't forget the AP, that is what let's you travel. The EAD replaces your TN, which you can't use to re-enter US after I-485 is filed.
3. Just the timing of when YOUR I-485 and I-765(EAD) and I-131(AP). it should be done when you have 4-5 months left in TN, and you don't need to travel. You need to be careful about this since it is likely that the lawyers will want to file her I-485 and yours at the same time. Mer timing doesn't matter, but yours does, because of travel restrictions and inability to renew TN (See #2 above). She doesn't need EAD or AP, but you do, so you want their lawyer to be aware of this.
 
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