TN to H1B

S

Silencewind

New Member
Hi Folks,

My wife and I are both Canadian and working in US on TN status for past a few years. My company filed a H1B application for me this year and I got selected. I am not exactly sure if it's worth to switch to H1B and what will be the caveat by doing so (given my wife is still on TN). My questions are:

1. If green card is the goal, does it mean I will need to apply H1B for my wife as well or can she stay in TN in order to apply it?
2. Is it possible to switch back to TN from H1B in future?
3. Is it better for my wife to stay on TN or does it make sense for her to switch to H4?

Will appreciate the advise.

Thanks,
 
1. No, she can stay on TN status until you file AOS/I-485 and EAD/AP for her as your spouse. After EAD/AP is approved she will switch to pending AOS and have work authorization with EAD. (about 6-8 for approval at this time, but it does vary month to month, year to year)
2. Yes, but why would you
3. Yes, if she wants to continue working, best to stay on TN status. If on H-4, cannot work. (H-4 EAD is only after your I-140 is approved and does not make sense unless you are in "per country cap" issue, ie. country of birth is India or China. H-4 EAD would take about as long as long as I-485 EAD, and H-4 EAD has uncertain future).

Normally your employer can start PWD and PERM at any time, my employer did while I was till on TN. Not need to wait until H1B approved. My employer started PWD while I was till on TN, during my TN to H1B to GC process.
I say normally, as this COVID-19 stuff throws a lot of uncertainty into the PERM process. But your employer can certainly try, and if your PERM is not successful on first try, your employer can wait six months and try again. But if we have a high unemployment it is likely the PERM will not be successful. It really depends on your job description, if your job continues to be in high demand during the great recession of 2020.
 
It is always better to have ones own work status rather than one that is dependent on ones spouse's. Should she eventually lose her TN job, or if she feels that is will soon be lost, only then consider H4 (and possibly would be entitled to H4-EAD),
The process for TN to GC is well outlined in the curiousgeorge posts pinned to the top of this forum. there would be no need for her to worry about any TN to EAD gap if your I-485 submission is properly timed.
 
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