TN or H4EAD

S

smoorthy

New Member
Hello,
I am eligible for both TN and H4EAD visa and currently looking for employment in the US to relocate with my husband. Which is better route, TN or H4EAD? Our lawyer feels H4EAD is better given the freedom it offers for type of employment, but it maybe removed anytime in the future. Its a gamble either ways but what is better option to begin with, TN or H4EAD?
Thanks and appreciate your response and help
 
The better option, since you do nit have an offer yet, is H4 EAD, as this allows you to work ANYWHERE. You should apply for EAD, and if you find a TN job, get TN. and switch to EAD when you get it. Getting back on TN if they cancel EAD is pretty simple.
 
Thanks nelsona. I have just applied for the EAD and my guess is the earliest it could be approved is early May. I have been interviewing and may find an offer before the EAD is approved. In that case what should I do? I am not sure I want to lose a good offer for EAD to be approved, when I can work on TN. And once I get TN, I will immediately lose my H4(and EAD) right? What are your thoughts? I can't have an ongoing TN visa with EAD being processed, can I?

Thanks again
 
You would need to consult with those who have gone through the H4EAD process, but I do not believe that getting a TN would kill your EAD application (as opposed to once it is approved). As I said, once you got EAD, you would immediately switch to that. and drop TN (this would be done simply by presenting the EAD to the employer). So I do not believe that you need to wait to get EAD to work, just get TN now, and switch when the EAD comes in.
Remember though that you can get any job on EAD, and do not require any sponsorship, so this might open up more opportunities for you, not confined strictly to the TN-defined tasks, and not "scaring off" any potential employers with the idea of sponsorship.
I think you are in a pretty good position right now, given that your spouse has been on H1 for a while now, a copule of months of uncertainty shouldn't worry you.
 
Thanks Nelsona. I think since H4 is linked to EAD, once H4 goes, EAD goes. This is my understanding, but I will check around. Thanks a lot for patiently responding. Really appreciate it.
 
That is what I said, but I do not believe that your H4 "goes", since you are not in H4 right now. But you can ask your lawyer, and obviously if he feels you should wait, then wait. You have waited for a while anyways.
 
Thanks again. But my bad. Missed mentioning. I am in H4 right now and just applied for EAD. So I think will just wait for it to be approved. Thanks once again
 
But you stated in your original post "to relocate with my husband". Where are you now? Typically you are not considered in any status if not in US.
But as I said, it would proably be wise, sicne you have not been in a hurry to begin working, to simply wait.
 
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