TN to GC application

nrahmani

New Member
Both me and my wife are working on TN status in USA. My company agreed to pursue my green card. But they advised that first my status needs to be transfereed to H1-B and then apply for my green card with H1 status. Since spouse can't work in H4, my wife can retain her TN status. Now my question is when my company will submit our (me and kids) I-140 petition for green card, will my wife be able to join us on TN? If not, when she needs to change her status to H4? Is there any better option? Your feedback is much appreciated.
 
Please look at the TN to GC post by curiousgoerge. While it is specific to the TN being sponsored, the same applies if the spouse is on TN, They just have to carefully time your I-485 submission so that she still has sufficient time remaining on TN to switch over to EAD.

Your lawyers should be informed that you do not need H1 to go to GC. But if they are willing, and are not wasting time waiting for H1 (that is already 8 months delay) then go ahead. But I would be pushing them to start GC immediately.

Just to be clear, I-140 is for YOU alone. I-485's will be submitted for everyone, when the time comes. That is weh nt he timing for your spouse will be crucial.
 
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