TN extension vs H4 EAD

T

tthomassin

New Member
I have been on a TN visa for 3 years, extension is currently pending but I received a request for additional evidence due in November.
My wife is on an H1b and can apply for green card this October.

Should I continue working until November and continue the TN application (knowing that it may be rejected?) or should I just leave the country and re-enter on an H4 so that my green card application can be started too? I heard that the green card application cannot be done if TN extension is pending.

Also, I assume that if I enter on an H4 so that we can start the green card process, then I cannot work, correct?

What is the best way to minimize my time off work??
thanks
 
Unless your wife has an approved i140, you're not eligible for an H4-based EAD, and therefore cannot work if on an H4.
 
Well if/when you enter on an H4, you can apply for an EAD card.. which when received makes you eligible to be employed.

What makes you believe the TN could be rejected?
 
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Difficult category, they seemed to want A LOT more evidence so I guess the question is whether or not it’s even worth pursuing if I can get an h4.

Basically options now are:

-submit evidence between now and November, work until I receive the answer. Apply for GC/EAD if denied
-come in on h4 and apply for ead/apply for GC with my wife (I assume that I cannot work even though TN extension is pending under this?)

I am not sure which option minimizes the amount of time off work.
Thank you
 
Only you have the information that identifies the strength of your TN application and the odds of approval. Perhaps someone more experienced could chime in with additional details.
 
yeah I have a feeling that it will be denied. Which is why I'm not sure as to whether its better to wait until November (and work until then), THEN apply for GC or just go ahead and start that process ASAP.

- is it true that I can't apply for GC while here on TN with extension pending?
- can I work if I re-enter on H4/apply for GC (while I have a TN extension pending)?

Thanks again
 
There is no need to wait to apply for GC until you are no longer TN. Just have the TN updated before you apply. It will not be denied unless you file I-485.
 
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