TN -> GC 90 day rule?

[Idrissohs]

I am currently on an H1B visa and my spouse is on an h4b visa. My employer filed my perm in September, and we expect to hear back around February or March 2022. My spouse recently received a job offer, and we are debating whether it’s worth it for her to switch to TN ( as a graphic designer)

things that we considered.

1) 90 day rule. I am not sure if USCIS IS still applying this rule or not? Given the policy manual update
Uscis .gov / policy-manual/updates:


Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021
This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

2) if 1) is still applicable it would mean it would potentially delay the filling of our aos application, if everything is ready for filling but 90 day period hasn’t ended yet.

3) ead processing time, it seems like it’s not looking too good in this front unless uscis decides to implement ead premium processing rule soon.

4) Will my spouse be able to apply for an ead based on a pending i-485 while she is on a TN visa?

5) Not being able to leave the US, till she has an approved ap/ead

With that being said, her moving to TN allows her to reduce the gap in her career, especially in the case my perm goes into audit or ead processing gets even worse.

Let me know if there are any other factors that I might have overlooked.

Thank you

 

[nelsona]

1. The USCIS is still investigating fraudulent claims, only the hard-and-fast rule of 90 days has been eliminated. That said, until advised otherwise I would be acting like it was still ine ffect, to be safe.

2. You could delay her application, while yours proceeds, until her 90 days are up.
4. Yes.
5. correct.