H4 to TN question

[wonderinguys]

My wife and I are canadian citizens . I am currently on H1B and my wife on H4. I have applied for GC and I am one of those millions who are waiting for the priority date . My wife got a job offer. I am wondering if she can switch to TN until my priority date gets thru and then switch to H4 inorder to apply I485 .

Will switching to TN from H4 and then back to H4 cause any issue ?

thanks

Roger

[catx]

Roger, since you have a priority date, your wife may well have problems getting a TN visa as you have established immigration intent pursuing permanent residency (green card). A TN visa does not allow dual intent, and thus is not valid if you are pursuing permanent residency. (It is also worth noting that a TN visa is issued for 1 year, and therefore your wife would need to get a new TN visa every year.)

A number of years ago (e.g. pre-2001) the old INS (now USCIS) was more lenient, and did not always enforce the non-immigration intent of TN / TD visas. That is no longer the case. (Let's hope that post election the government actually moves forward with a rule change to allow H-4 spouses to get empolyment authorization (EAD) like L-2 spouses, but do not get your hopes up.)

If you want to investigate your options further you need to consult with a qualified, experienced immigration attorney (but again do not get your hopes up).