H1B Husband and Spouse on TN - both working in US

[mr.maple]

Hi all,

Would like to check the feasibility of this scenario. if i am holding a H1B Visa ( CAN Citizen indian born)
) and working in US. My wife (CAN Citizen indian born) would like to work in TN Visa in USA and we would like to stay together. Down the road is there any challenges if Spouse being TN/H1B for renewals of TN and H1B ?

Any help on this is much Appreciated.

Thanks!

 

[emeritus]

Hi all,

Would like to check the feasibility of this scenario. if i am holding a H1B Visa ( CAN Citizen indian born)
) and working in US. My wife (CAN Citizen indian born) would like to work in TN Visa in USA and we would like to stay together. Down the road is there any challenges if Spouse being TN/H1B for renewals of TN and H1B ?

Any help on this is much Appreciated.

Thanks!

How long have you been on H-1B? I-140 filed?
What is your wife's history? H-1B is dual intent, TN is not. Are you planning to move to US? Down the road maybe better for her to change to H4 and get EAD card.. (takes 3 -4 months to process though). With H4 EAD not limited to a certain employer or field.

 

[meyakanor]

As @emeritus said, TN is not a dual intent visa, so once you adjust (file I-485), you can no longer renew your TN.

At that point, you can continue working using EAD (takes about 4 to 5 months after filing), so it may not be much of an issue (if you need to leave the country for emergency purposes you can use Advanced Parole). That is, of course, only if you are interested in getting green cards in the future. But since you and your spouse were both born in India, that is still far, far away into the future.

People don't quite agree on whether filing I-140 shows immigrant intent, so make sure you check with your company lawyer as well (with H1B, it's not a problem, but it may be an issue for TN).

 

[Albertagoverner]

Hi all,

Would like to check the feasibility of this scenario. if i am holding a H1B Visa ( CAN Citizen indian born)
) and working in US. My wife (CAN Citizen indian born) would like to work in TN Visa in USA and we would like to stay together. Down the road is there any challenges if Spouse being TN/H1B for renewals of TN and H1B ?

Any help on this is much Appreciated.

Thanks!

No challenge. Canadian don’t face challenge for US. Word challenge is applicable for 3rd world.

Just make sure employer is decent sized. There are lots of Global and Solutions type garbage companies offering TN paperwork so despite of Canadian Passport, because of garbage company with multiple USCIS and DOL audits, Canadian becomes victim of extra scrutiny.

 

[mr.maple]

Thanks for your replies!

H4-EAD process is planning to repeal by Trump Administration , that is the only concern else i could go with that route!

I am ( Husband with H1B) planning to initiate I-140 as soon as i can. So my intent is to take the GC.

If my Wife is coming here on TN Visa and if my I-140 process is started , not sure this makes any issue!

I can consider keeping her on H4-EAD if my i-140 is done.

 

[Satchboogies]

Hello,

I am in a similar situation as the OP and hope to get some answers.

I (husband) am a Canadian PR with my Canadian citizenship application in progress while my wife is in the US on a H1B. My wife's employer has filed the I-140 petition -- her priority date is 2012 and she is several years away from getting the green card. My plan is to secure a job in one of the well reputed tech companies in the US and then apply for a TN visa. We plan to move to Canada after working in the US for a few years.

The question I have is, will I face any issues while applying for a TN visa because of the fact that my wife's GC application is in progress, as the TN visa is not a dual intent visa? If so, what are my best options? Any replies addressing my situation would be greatly appreciated!

 

[DEEPCUR]

Hello,

I am in a similar situation as the OP and hope to get some answers.

I (husband) am a Canadian PR with my Canadian citizenship application in progress while my wife is in the US on a H1B. My wife's employer has filed the I-140 petition -- her priority date is 2012 and she is several years away from getting the green card. My plan is to secure a job in one of the well reputed tech companies in the US and then apply for a TN visa. We plan to move to Canada after working in the US for a few years.

The question I have is, will I face any issues while applying for a TN visa because of the fact that my wife's GC application is in progress, as the TN visa is not a dual intent visa? If so, what are my best options? Any replies addressing my situation would be greatly appreciated!

USCIS has clarified that holding i140 isn't deemed enough to classify someone with immigrant intent. So you should be good. But it may be an issue if she files i485 though. It'll signal the immigrant intent.

 

[harirajmohan]

No challenge. Canadian don’t face challenge for US. Word challenge is applicable for 3rd world.

Seems you are assuming things.
10-15 years of TN renewed guys get rejected nowadays (for the same company) as border guys started scrutinizing applications and now trying follow the rules in the book. So just showing canadian passport doesnt mean automatic renewal/approval.
Your "3rd world" assumption on scrutinization is applicable for any citizenship holders seeking visa/status.

So the candidate needs to have relevant education and experience based on the position offered (apart from choosing a decent company).

 

[Muhammed23]

Hi Team,

I have a situation here.

I am a Canadian Citizen (UAE Born) and My is also a Canadian Citizen (Bangladeshi Born).

We both Moved to US and we both have TN visas and working for different companies.

Its been only 2months we are both working and my company (decent Size) are planning to file for my H1B.

My question is, If I get H1B approved and my wife will get H4. Can she continue her work or she needs to apply for EAD.

The other concern is she is not fulfilling EAD criteria's as i140 as not a thing for us now.

Suggest us what we should be doing in this scenario.

Option 1 - Me moving to H1B and she stays on TN until we file our i140
Option 2 - We both peruse our H1B seperately

Would appreciate your support in this.

 

[justinline]

Option 2 is always more desirable where both of you have H1b before filling for I140 and AOS. Dependency always creates complexity. Know of case where husband primary applicant got his GC and wife got RFE, wife was on H4 and working on EAD. By the time they filed the RFE the dates retrogressed. Now as husband is on GC, H1b status is lost, hence H4 status of wife is lost. She had to leave her job. She recently joined again after she got AOS EAD.

Are you going for AOS or CP?

Option 1 is workable as well with ifs and buts. It is going to be a hassle, if you are going for CP then even with both of you on TN visa you can technically apply for GC. Even with AOS you can be on TN, but make sure you are not travelling before you have EAD+AP.

With current backlog both at USCIS and Consulates, timelines for getting to final interview stage at consulate or getting EAD........no one knows.

Option2 is safest and Option1 is very much tied to unpredictability.

 

[satishkumar432]

Hello Everyone,
I have a similar question..

I have an approved H1B with priority date of 2017(far, far away).. I am closer to my citizenship application/passport here in Canada.I am being asked to move to states on H1B.

My wife is also close to getting her Canadian citizenship. Given the delays with the PERM application(I've joined a new organization), is it wise to have her work on TN Visa for time being and once the PERM and I-140 gets approved by the current org can I ask her to use her H4-EAD? Do you see any complications if I apply her for H4-EAD in future?

 

[swan0206]

Hello Everyone,
I have a similar question..

I have an approved H1B with priority date of 2017(far, far away).. I am closer to my citizenship application/passport here in Canada.I am being asked to move to states on H1B.

My wife is also close to getting her Canadian citizenship. Given the delays with the PERM application(I've joined a new organization), is it wise to have her work on TN Visa for time being and once the PERM and I-140 gets approved by the current org can I ask her to use her H4-EAD? Do you see any complications if I apply her for H4-EAD in future?

Did you get to find your answer or not?? Is your wife on TN or changed to H4 now??

 

[swan0206]

USCIS has clarified that holding i140 isn't deemed enough to classify someone with immigrant intent. So you should be good. But it may be an issue if she files i485 though. It'll signal the immigrant intent.

What do you think based on OP's scenario? Currently in similar situation. Taking EAD route or TN for spouse is good in long term? keeping in mind the long awaited GC queue for Indians is never coming soon!
@harirajmohan please pitch in your thoughts as well.

 

[harirajmohan]

What do you think based on OP's scenario? Currently in similar situation. Taking EAD route or TN for spouse is good in long term? keeping in mind the long awaited GC queue for Indians is never coming soon!
@harirajmohan please pitch in your thoughts as well.

Both TN and H4EAD have their own good and bad.
if one wants to be independent from spouse to avoid any issues during job loss then yes separate TN or H helps.
To take any job or getting job without visa sponsor then H4EAD will help.

But all these things are not good for long term as all these visa and h4ead are headache anyway till filing 485 stage.

I believe you need to go with what your/spouse company immigration lawyer says. So dont take too much about these and let them guide you and go with it. We mostly dont have any say about these choices at the end.

 

[swan0206]

Both TN and H4EAD have their own good and bad.
if one wants to be independent from spouse to avoid any issues during job loss then yes separate TN or H helps.
To take any job or getting job without visa sponsor then H4EAD will help.

But all these things are not good for long term as all these visa and h4ead are headache anyway till filing 485 stage.

I believe you need to go with what your/spouse company immigration lawyer says. So dont take too much about these and let them guide you and go with it. We mostly dont have any say about these choices at the end.

Thanks Hari for getting back. Everything makes sense.
But have you come across anyone switching from H1 to TN comfortably without issues. I am thinking is this because some positions do not want to do a sponsorship. They want to hire me as an FTE but they cannot sponsor so i am thinking in such scenarios where its a good company and you want to continue so switching might be a good option but how good are the chances the border officers are ok you giving a reason that my current company cannot sponsor me a H1 and they want me to be on TN? Is that a right explanation we can give while switching or how! I know the fresh TNs are on positive side during entry into US rather than people who have been already working on H1 for a period of time with i140 in hand and wants to switch to TN now.
The same case in my spouse scenario, their company are ready for any of them H4ead or TN as long as they do not want to sponsor. lol.