TN -> GC or TN->H1B->GC and EAD Question

S

seblavoie

Registered Users (C)
Hi all,

Here are my questions. I am on my second TN and my wife is on her TD. My employer want to sponsor me for my GC but said I have to wait to get my
H1B first and they will apply immidiatly for my GC. My question is that when they will file my I-485 will they file it for me and my wife? Is my wife will be able to get an EAD ? Also, do they really need to wait my H1B before to file my I-485 or they can file it while I am on my TN?

Thank you very much for your answers!

Seb
 
seblavoie
TN Visa is unlike H1B which has dual intent, meaning working temporarily and processing green card simultaneously without jeopardizing status, whereas TN is purely non immigrant work visa which does not give option of pursuing green card, there are people processing GC through TN route, but converting your existing TN to H1B and processing GC is safe route, if you are from non retrogressed country and visa dates are current, yes you can file I-485/765/131 together along with your spouse
 
Thank you very much for your answer. As you said, we should wait to get my H1B to be more certain of not having any major problem during our GC process.

I have a question about the I-140. We have to wait that the number was current before to file the I-485/I-175 . How long normally does it takes? I know that the whole process is about 3 years for the profession related GC but will my spouse get her EAD relatively quick after the beginning of the process?

Thanks!


Seb
 
Seb
It depends on your country of birth and employment based visa category, if visa dates are current, then you concurrently file I-140/485/765/131 for yourself and I-485/765/131 for your spouse
 
GC is possible while you are on TN

Attached is a very detailed document authored by somebody who went through the process getting a GC while on TN. I found it in this forum and it is very informative.

Make sure you get a really good lawyer to take this route. H-1b is like a lottery nowadays so I wouldn't wait for that.
 
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