TN Visa & I140.

C

CDN_TN_US

New Member
Good Morning.

I am currently working in the US on TN Visa that is valid until 2020.
My Husband's Employer is about to file I-140 for the Green Card processing. The attorney's at his work place are suggesting that he should put my name under the dependents during the filing. So, I require some help in understanding the following:
  • If we chose not to include my name in I-140, will it raise questions from the immigration? Will it have a negative impact on my husband's application?
  • Is it a good idea to include my name at this stage?
  • Can I still continue to work on TN until it is valid? Or will I have to move to H4 immediately?
  • If my name is on I-140, Can I still get TN extension in 2020?
Please do let me know as we are very confused at this point. Our major concern is H4-EAD! As we all know its currently under discussions and I am not sure if my employer would be willing to sponsor the H1B Visa next year. Not to mention the lottery involved in that process.

Also, do accept my apologies, in case these questions have been asked many times before and please do point me to the correct post that has this information.
 
There is no reason for you not to be listed in the I-140. This has no impact on your TN at any point. There is no need to move to H1 or H4 (You could have moved at any time to H4-EAD if you had wished, but, I'm thinking you would have done that already, if you thought it was a good idea.)

What does have an impact is the filing of YOUR I-485 (based on his filing I-485). Please read the curiousgeorge posting which outlines the timing issues that one on TN must address when filing I-485 (not I-140, let alone spouse's I-140), since after filing I-485 you cannot renew or apply or enter US on TN; it does remain valid for work however.

Essentially, when you file I-485, you need to have at least 4-5 months of TN eligibility left, so that this gives you time to get AP/EAD to travel and work. Your unexpired TN remains valid during this time until you get the EAD/AP as long as you do not leave the country. Thereafter, your will work under that EAD. No more worries about H4EAD or TN future.

Typically, when the primary (your spouse) is eligible to file I-485, the entire family's I-485's are also filed at the same time. So your spouse would need to make it clear to the lawyer that they need to check with you on how much TN time you have left or if you had some unavoidable reason to leave the country, and then decide whether you need to update your TN before you file your I-485. That is really the only
 
Good Morning Nelsona

Thank you for your earlier response. Truly appreciated.
I have a few follow up questions, and would be very grateful if you could share your thoughts on the same.
  1. I am on TN visa valid until March 2020. My name is now on my HUSBAND's approved I-140, as a dependent.
    • I am traveling to India next month. Can I enter US back on my TN without being questioned about my INTENT?
    • Does the immigration officer have it on his records that my name is listed on my Spouse's I-140?
  2. I will be extending my TN around end of 2019. Again, will I have to face the INTENT queries?
Please do clarify. Thank you again for your time and advice.
 
1. You are fine, even if he has it on your record. I-140 is NOT considered immigrant intent, even for your husband, let alone you.
2. That will depend if uyou have filed I-485. As the date to file I-485 approaches, you will need to advise HIS lawyer, that YOU may need to renew your TN first, as I explained in my original answer.
 
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