My spouse is L1B, question with TN and L2.

wishtopass
Junior Member



Joined: 03 Jun 2008
Posts: 10
Location: canada

Posted: Sun Jun 08, 2008 12:02 am

 

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Hi:

If I am a canadian citizen and my spouse is L1B working in US, can I apply for TN visa ? If US immigration knows that my husband of L1 B status working in US, would my TN visa application get rejected? what If I apply for TN first, can I change to L2 later by applying for L2 visa?


- What if I apply for L2 visa first, can I change to TN status later if I can get a TN sponsorship?

-What if we have just get married and have not submitted L2 application yet, can I still travel to US to visit my L1B spouse or take professional pharmacy exam? Or should I wait till after I have applied for L2 and the L2 status is approved before travelling to US?


- What if L2 application is rejected, can I still try H1B or TN and can I still visit my L1B spouse in US?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Mon Jun 09, 2008 10:08 am

 

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TN-1 is not dual status, so you'd have to go to the POE and re-apply. Probably simpler to get L2 and file an I-765 to get an EAD though. More expensive but probably less hassle because L-2 is valid for longer.

But there's no particular reason you can't get TN-1. Why would you want to change from L-2 to TN-1? The only reason I can see is if his L-1B expires.

Can't see any reason why USCIS would reject an L-2 application if your spouse has an L-1B, unless you're prohibited from entry for some reason in which case it's academic.

The advantage of L-1B and L-2 is that there is no need to show residential ties outside of the US, whereas with TN-1 there is, so stick with L-2 if you can.
_________________
Steve.

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wishtopass
Junior Member



Joined: 03 Jun 2008
Posts: 10
Location: canada

Posted: Tue Jun 10, 2008 7:28 pm

 

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Hi :

I am a canadian citizen, I just get married recently and my spouse is just working in US ( he just got his L1 visa recently). I haven't applied for L2 yet. My concern is whether I can apply for TN while my husband is L1B? ( Note: L1B can turn to GC and is dual intent, whereas TN is non-dual intent and can not have immigration intent)


I was told that TN is non-dual status with non-immigrant intent, but L1B is dual status which can turn to GC later. I am afraid if I apply TN and if USCIS knows my husband is a L1B holder and is now working in US, would I have the chance that my TN application is risky for me and will be rejected just because I have a strong family tie in US ? ( my husband is working in US, the US custom may not believe that I like to work temporarily in Us and they also may not believe that I will return to Canada ).

Plus even though my spouse is L1B, what if one day suddenly he get fired when I am doing my job or doing internship in a pharmacy , I would have to lost my job too, as my status is totally dependent on him ( if L1 lost status, L2 would lost status too ). Therefore, it may be easier for us to apply work visa independently without affecting each of our job position or status. ( for example, he is L1B and I can be TN or H1B ) However, I am only thinking whether to get TN or L2 and not consider H1B for now, as H1B takes long time to get ).


Therefore, in this case,if I apply for L2 now , can I switch to TN later before his L1B almost expire?

what if I apply for TN first and cannot find any job, can I still change to L2 ?


To apply for TN, do I need to show or prove that I have my family and residential ties in canada and no family ties in US ? But still, would USCIS suspect that my intention to work in US is not temporarily but only permanent because when my husband is working in US , they may think I am more likely to stay with him in US and have no intention to return to canada. Because of this, would my TN application get rejected becuase of having a L1B husband?


Still debating whether to apply for TN or L2? Am I eligible to apply for TN if I am a spouse of L1b?


wishtopass

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Wed Jun 11, 2008 9:31 am

 

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Dunno, tricky really. L-2 is easier to get and it lasts longer (to begin with), but yeah, you could have a problem if he loses his job.

If it were me I would do L-2 and have all the paperwork for TN-1 ready to go if things looked bad for my spouse at work, so I could apply for TN-1 status quickly.
_________________
Steve.

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