please advise...

C

chouchou

New Member
Hi, I'm a TD visa holder. And recently I got an offer from a company and I plan to apply my own TN. The company is preparing the paper work and told me they will file a status change for me to change my visa status from TD to TN and in this case I don't need to go out of the country, and it will take about 15 days for processing.

My question is:
1) I entered the country through TD, am I supposed to re-enter the country with new TN visa, if so, it does not make sense to file the status change since anyway I have to go to the border, or filing the status change does not need reentry?
2) My husband company is preparing his H1-B and then Green Card application. In this case, my understanding is I don't need to be under his H1-B since i'm going to get my own TN. But if later on, for some reason, if I do need to be under his H-1b, what can we do?
3) One of my friend told me after 3 months from submitting the Green card application, the applicant is allowed to work. I'm not sure if that is the case. Their situation is pretty same as us, but they plan to apply H4 for the wife and stop working for couple of months after H4 period starts until 3 months after their green card application, then the wife can start work again.
Now, I'm not sure what should I do, If I go with my own TN instead of H4, is there any risk? Or my friends solution is better?
Thanks for your advice.
 
chouchou said:
1) I entered the country through TD, am I supposed to re-enter the country with new TN visa, if so, it does not make sense to file the status change since anyway I have to go to the border, or filing the status change does not need reentry?
Click to expand...

The entire point of the Change Of Status (COS) application is to avoid the trip to the border.

2) My husband company is preparing his H1-B and then Green Card application. In this case, my understanding is I don't need to be under his H1-B since i'm going to get my own TN. But if later on, for some reason, if I do need to be under his H-1b, what can we do?
Click to expand...

File another COS to switch to H-4, or go to the border and re-enter. The only time you'll need to do this is if you lose the TN job.

3) One of my friend told me after 3 months from submitting the Green card application, the applicant is allowed to work. I'm not sure if that is the case.
Click to expand...

It's not. One can work if one has existing work authorization (such as a TN or H-1B) or an EAD, which can be applied for with the I-485. It's certainly not automatic.

Now, I'm not sure what should I do, If I go with my own TN instead of H4, is there any risk? Or my friends solution is better? Thanks for your advice.
Click to expand...

There's always risk in everything. If you want to avoid risk, leave the US and stay in bed under the blanket. Even then that's not guaranteed. I don't like your friend's solution, because it seems based on a half-baked understanding. I could be wrong.
 
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