TN Status vs. L2 with EAD

V

vivi2020

New Member
MY husband and I are Canadian citizens, living in Canada and filed our NIW I-140, still waiting for approval.

I’m working for a company in Canada. Recently I received a job offer to work for the same company in U.S. Their lawyers are preparing a petition for me for L1 visa. I was told by them to go to the U.S. border to get my L1 visa, and my husband will get the L2 visa. The good thing about L1 and L2 visas is that these visa types are dual intend, so we can file our green card change of status once we get our I-140 approved.

However, the problem with L2 visa is that my husband should apply for EAD after getting the L2 visa, which currently takes more than 4 months. During this period, he is not eligible to work in US. With living costs/child care/rent, it is a hard option for us.

The other option is to apply for TN visa for him. TN visa holders can start working immediately and there is no need to file and wait for EAD card. However, the problem with TN visa is that it is single intend, so there might be some issue to file green card change of status.

We are trying to figure out:
- If he can apply for TN visa and start working immediately and then change his status to L2 once I-140 is approved? Can he continue working when he changes his status from TN to L2, before EAD approval?
- Or, if we can file green card change of status while he is still on TN visa?
- Or, is there any other/better options with our situation?

Thanks
 
Your husband can apply for TN (after getting a job offer) while the I-140 is in process. The issue of immigrant intent comes only after filing I-485.
The I-485 application makes you ineligible for TN (or any other "immigrant intent" status) - though you can work with the existing TN.
 
bigboy00 said:
Your husband can apply for TN (after getting a job offer) while the I-140 is in process. The issue of immigrant intent comes only after filing I-485.
The I-485 application makes you ineligible for TN (or any other "immigrant intent" status) - though you can work with the existing TN.
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You are right. But I guess my question is: what is he going to do for filling i-485 when i-140 gets approved, if he is on TN status?
 
Once his I-140 is approved (and when ready for I-485), make sure that you have at least one year+ left on your current TN - so that he can keep working once I-485 is filed. He cannot travel outside of the US when I-485 is filed AND while on TN. With I-485, also file for EAD + Advance Parole (switch to EAD when TN expires and travel outside of the US with AP).
 
bigboy00 said:
Once his I-140 is approved (and when ready for I-485), make sure that you have at least one year+ left on your current TN - so that he can keep working once I-485 is filed. He cannot travel outside of the US when I-485 is filed AND while on TN. With I-485, also file for EAD + Advance Parole (switch to EAD when TN expires and travel outside of the US with AP).
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Thanks for your response. In this case, don't we accuse for lying for our intention and get our i-485 refused? Because when my husband gets his TN visa, he should show that he has no immigration intention, while later when we file i-485, USCIS will see that before he gets his TN visa, I have applied for i-140. Therefore, obviously we had immigration intention when he applied for TN visa.
 
There is something called "90-day rule" these days - the attorneys wait for 90 days if you are on a single intent status (like TN) before expressing immigrant intent (e.g. filing for I-485).

Your company files for I-140 for you (not your husband) and I-140 is NOT an immigrant intent.
 
A better route would be for spouse to file for L2 and TN as soon as eligible for each, and then only file I-485 once the EAD is in place, then special maneuvering needed while on TN is unnecessary.

So he applies for L2 EAD immediately when you get L1 (he gets L2 as soon as you get L1 in any event), and applies for TN as soon as he finds a job.. You both continue working on L1 and TN until his EAD is approved, at which time he switches his work status to L2 EAD and then you both apply for I-485 with no issue with TN or immig intent anymore, since L1/L2 allow it. The NIW will take awhile, so there is plenty time to get L2 EAD.
 
nelsona said:
A better route would be for spouse to file for L2 and TN as soon as eligible for each, and then only file I-485 once the EAD is in place, then special maneuvering needed while on TN is unnecessary.

So he applies for L2 EAD immediately when you get L1 (he gets L2 as soon as you get L1 in any event), and applies for TN as soon as he finds a job.. You both continue working on L1 and TN until his EAD is approved, at which time he switches his work status to L2 EAD and then you both apply for I-485 with no issue with TN or immig intent anymore, since L1/L2 allow it. The NIW will take awhile, so there is plenty time to get L2 EAD.
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Thanks Nelsona. That sounds awesome. I am just a little confused! Please correct me if I'm wrong:

1- We both go the the border and apply for L1 and L2 visas
2- Once he gets his L2 visa (hopefully immediately in the border), he should apply for EAD card.
3- Once the EAD is filed, he should go to the border again and applies for TN visa (He already has an engineering job offer to get the TN visa)
4- Once the EAD card is issued (maybe after 4 to 5 months), he goes to the border and change his status again to L2.
5- Hopefully by that time I-140 is approved and we can file i-485.

Are the above steps feasible? Can he switch to TN visa while EAD is in process? I was thinking that EAD will be processed if his status is L2. Shouldn't he keep his L2 status while EAD is in process?

Thanks
 
You might want to check with an L2 EAD forum on that last question. If he cannot, then he should simply stay on TN until filing I-485. Lots of infor on this foirum about transitioning from TN to EAD to GC.

But I believe you can file to CHANGE from TN to L2 (I-539), concurrently with filing for the EAD (I-765), and they will be approved together. So really he does not need the "first" L2 if he has a TN ready to go.
 
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