TN 1 and EAD through Spouse

V

Vikki Sidhu

New Member
Hi,

I have been on TN1 for last 2 years under the Accountant category. My wife’s I 140 recently got approved and as per new laws, I can apply for the EAD. I need advise/ guidance about the rules and pro/ cons for applying the EAD –

- If I apply for the EAD and after it’s approval, do I need to give up the TN1 status . How does both of them work together
- If in future, I want to change the job, can I still apply for the TN1 again or I will have to work just on EAD.?
- If I chose to work under EAD, do I need to notify anyone about moving from TN1 to EAD?
- Does getting TN1 could be an issue in the future as approved EAD may show immigration intent?
- What is your recommendation in this scenario whether to apply for EAD or not or Pros/ Cons along with TN1?

Thanks,
Vik
 
Is your spouse on h1-b?
- If so, to get an H4 EAD you would become h4 at that point, since EAD is not a status, it is a work authorization. This would end your TN status.
- As long as you have not filed I-485, you could get TN, but why bother if you have EAD.
- Of course. Your employer has an I-9 with your name on it that says you are a TN. You would need to advise them. Your Application for H4 EAD would take care of govt notification.
- As long as you have not filed I-485 you can get TN. EAD however allows you to work at any job, not just TN-eligible, or start a business.
- I would file for H4 EAD if possible, since this would remove any worry about timing your I-485 application, and would remove any doubt about immig intent. It would also open wide up your job/career choices. There would also be no need to file for your AP/EAD related to AOS, if your spouse stays on H1-B.

If your spouse is in another status than H1-B . Those regs are not clear yet. I would wait before making any step.
 
Hi Nelsona,

Thanks for the prompt and detailed reply. My wife is on H1B with approved I 140 but her PD won't be current probably for another 5-6 years. and I -485 is not in sight yet. I am not sure but my understanding is that i will need to renew EAD every year.

Can you please explain your point - I would file for H4 EAD if possible, since this would remove any worry about timing your I-485 application, and would remove any doubt about immig intent. It would also open wide up your job/career choices. There would also be no need to file for your AP/EAD related to AOS, if your spouse stays on H1-B.?

- How would it remove any worry about i485 timing? and how would it remove immigration intent? What is AP/EAD related to AOS,?

Considering my situation, do you recommend moving to H4 and EAD? Would it have any contingencies in the future compared to TN1?

Please excuse as I am not familiar with some terms and asking for some answers here in the forum.

Thanks,

Vik
 
How would it remove any worry about i485 timing?
H4's are allowed immig intent, just like H1-B, so they do not require AP/EAD when they file AOS in order to travel, and work. Therefore when your spouse (and you) would be able to file I-485, you would not have to worry that your TN has little time left, that you could not travel until your AP and EAD would be approved, etc. If you remained on TN, this would all need to be timed more carefully. Plus, with the EAD you are no longer subject to work restrictions.

how would it remove immigration intent?
It doesn't. But it removes the worry about immig intent, because, unlike TN, H14 allows for it.

What is AP/EAD related to AOS?
I would suggest looking these up, they are common terms

Would it have any contingencies in the future compared to TN1?
Don't know what you mean, but I've explained all that is needed.

Considering my situation, do you recommend moving to H4 and EAD?
I think I already suggested what I thought was best.
 
Hi Nelsona,

Thanks for the explanation. I have one last question. If i apply for H4 and EAD, then H4 won't take much time but the EAD takes around 90 days. In that case, i will have to do AOS from TN1 to H4. How can i continue working in my current job as TN1 status will be gone once H4 is approved with pending EAD.

Thanks,

Vik
 
I would not agree that H4 will take little time. (That is called COS change of status I-539, not AOS which is your I-485)
But yes, unless you get your EAD at the same time as H4, you would have a period where you are not authorized. I'm aure there must be some provision of getting the H4 and EAD approved concurrently.
If not, then the H4 EAD is not for you. You may need to wait for the newer law to get EAD directly.
 
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