TN to Green Card Procedure question

i HAVE ONE QUESTION, tHEY USCIS DIDN'T CALL ME FOR INTERVIEW THEY HAVE UST SENT CARDS IN MAIL WITHOUT STAMPING PASSPORT, IS IT COMPULSORY TO GET PASSPORT STAMPED?
 
Hello,

I have a rather complex immigration situation that I would appreciate some advice on. I am aCanadian and have been working in the US for 5 years on a TN. I have a great new job opportunity in a new location that would be more permanent and do not think I can continue using a TN as it is already making me nervous. My potential employer is willing to pay for the green card process and it should be as easy as switching to an H1B and going through the process. BUT, my wife's status complicates matters. She is a german citizen and has been working for 5 years on an H1B and her employer would not sponser her green card. If I was to accept this new job it turns out to be very difficult for her to stay in the US with me, let alone stay and work. As far as I understand it, because all 'H' status visas are lumped together she could not simply get H4 status associated with my H1B. She must change status or leave for one full year. This is where the TN to Green Card question arises. I believe that she could enter with me as a spouse associated with my TN but could not work. Could we then both obtain I-485 pending status and obtain EADs? Would she also need to have a job offer? How soon would she be eligible to work? Is this just an all around bad idea...?

Life is complicated!

Thanks for any advice.
 
She can stay on her H1B. When you file your I-485, your TN will expire when one of the following situations occurs, at which point you will be in "I-485 pending status":
1) Your TN expires outright. You cannot apply for another TN once you have filed for your I-485. You will need an approved EAD to work and an Advance Parole to travel.
2) You leave the US for vacation and re-enter using your AP.
3) You find another job using AC-21 and you use your EAD.
4) You keep your sponsoring job, and get a second job using your EAD.

Since your wife has an H1B, she is independent of what status you were in when your status changed to "I-485 pending". She can continue to work and travel using her H1b. I'm not sure if she would qualify for a 7th year extension though, so keep this in mind when considering the timeframe left on her H1b.

Here is a good link explaining the process of going from TN->GC. The only difference is since your wife is NOT a TD, it would be as I stated above for her specifically. The rest will apply to you verbatim.

Read here:
http://grasmick.com/board/?topic=topic1&msg=45872
 
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Thanks CuriousGeorge,

The Grasmick link explains the process very clearly. I have a couple of followups. As I understand it, if you have less than one year left before the expiration of your H1B (past 5 years) you cannot get a 7th year extension. Thus, this route is out for us. But, what if my wife was to quit her current job and thus negate her H1B, travel with me to Canada and re-enter the US as a TD (my TN would be with the new company). I would then go through the process to become "I-485 pending status" and then we could both get EADs and APs, right? Do you think it will be risky for my wife to have just terminated her H1B status and then immediately try to re-enter with me as a TD? Also, if I switch employers and thus TNs, can I add my wife as a TD by using the mail-in form to avoid the risk of having to go to a POE? My guess is that I would have trouble doing this because the USCIS officer will see that she has current H1B status. Any thoughts on what makes the most sense here.

Thanks in advance. Plantguy
 
Plantguy,
You didn't mention how long she has left on her H1B. Also, have you applied for PERM already, or are you just at the investigative stage right now? What is your birth country? (this makes a difference in the wait time) What is your wife's job? Does she qualify for a TN?

If your wife leaves the H1B sponsor, and gets a TD, keep in mind that she will NOT be able to work until she gets an EAD. If this option is acceptable, then you can proceed. Keep in mind that the timeframe between starting PERM and getting an EAD may be a few years depending on which employment based category you are applying in, and even longer if you're from India, China, or the Philippines based on the current processing dates and priority dates. So, plan your finances for the next few years accordingly.

She should keep her H1B as long as she can, or at least until you apply for your last TN (i.e. right before you apply for your I-485, when your priority date is current). Explicitly voiding her H1b before that step does not provide any advantage to you, since it may be a few years before you get to that step. If it expires before that due to the 6 year limit, then you should have her apply for a TD ASAP.
 
Again thanks CuriousGeorge,

Here are some of the specifics that you asked for. I am a Canadian citizen, born in Canada. My wife is a German citizen. We were married in Canada but have never lived there together. We are both scientists. My wife has a Master's degree from Canada and works in environmental consulting for a non-profit on an H1B here in the US. Her H1B expires in Oct. 2006. I have not applied for PERM. If I was to take the new job it would be in an academic setting and would likely begin early in the new year. Financially, we should be fine even if my wife cannot work for some extended period. I mention the change for my wife from H1B to TD because we would move from our current location if I take the new job and she would therefore not be able to continue working for her sponsoring company.

Does this information change or enhance any of the process you have shared with me so far?
 
That paints your picture much better for me, thanks. It seems like she would not qualify for a TN, since she's not a Canadian citizen.

Other than that, it sounds like she could switch to a TD when her H1B expires, and you'll still be able to get a green card. I don't believe TD's need to be Canadian citizens, nor Canadian Landed Immigrants so she should qualify, just verify this before you proceed. Just be aware of the pitfalls to watch out for that were mentioned on that other link I sent.

Good luck!
 
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