TN Visa and Green Card

B

BiboBhua

Registered Users (C)
TN Visa and Green Card
I know if u have TN u cannot go for Green Card but what happens if one of the spouse has H1 and hopefully it will work towards her green card and at that time her husband also gets included in her application for green card but what will happen if husband is on Tn at that time .Is it advisable to get Tn or one should opt for H1 in this scnerio.
 
BiboBhua said:
TN Visa and Green Card
I know if u have TN u cannot go for Green Card but what happens if one of the spouse has H1 and hopefully it will work towards her green card and at that time her husband also gets included in her application for green card but what will happen if husband is on Tn at that time .Is it advisable to get Tn or one should opt for H1 in this scnerio.
Click to expand...

Generally, dual status is not allowed on a TN, although I have heard of many cases where the TN was allowed with a pending I-140 or I-130. I have also heard of cases where they have been denied.

The thing to do is either switch to H1B or concurrently file for Adjustment of Status and apply for an EAD.

Brian
 
You cannot apply for a TN, or a TN extension after an I-140, I-130, or an I-485 has been filed. The TN will be denied in this case. You CAN file an I-140, I-130 and I-485 if you are on a TN, but you can no longer ever again renew the TN, as you have shown immigrant intent by filing an I-140, I-130, or an I-485 , so make sure your TN will be good for at least 8 months after you apply for I-485 to allow time for your EAD to arrive. If your EAD does not arrive before your TN expires, you cannot work. Also make sure you get an Advance Parole, since once the I-485 is filed, you cannot travel out of the United States using your TN, and form that point forward you would always travel using your Advance Parole, and you would be in "I-485 pending" status, and no longer in "TN Status".

H1B is always better in this situation, since you don't have to worry about the loop holes as much, but that's not to say its impossible to do using a TN.
 
Thanks CG

Thanks for the info so i can get a Tn now and when my wife goes for her green card somewhere in 2007 i have to make sure that i have maximum validity left on it or otherwise H1 a always best.
 
You must log in or register to reply here.
Top