TN for Husband and Wife

Hi, My husband has been working on TN for 2 years now.

I want to start working, and have almost landed a job. I will have to convert my TD to TN, and need your advice:

1. How tough will it be to convert a TD to TN, I do not want my husbands TN to get affected.

2. Will he have to accompany me or can I go alone to get the TN stamped ?

3. In case it is difficult to get a TN, is there any other visa or work permit with which I could work ?

Thanks in advance.

-- Thu Jul 23, 2009 11:16 am --

Just wanted to add, the company will be giving me a valid work offer letter.

You can either go to the border yourself to get your TN (you don't need your husband there), or you can have your employer file an I-129 for you (the fee is $320) since you are already in the US.

As for the difficulty of obtaining the TN, it depends on the category in which you are applying and whether or not your credentials match up. Some categories are more difficult than others (e.g., computer systems analyst, management consultant).

1. How tough will it be to convert a TD to TN, I do not want my husbands TN to get affected.

Makes no odds really.

2. Will he have to accompany me or can I go alone to get the TN stamped ?

You can either go to the POE and get it done or the employer can file an I-129 for you with USCIS and apply for change of status from TD to TN-1.

The problem with going to a POE is that if you get turned down then it might be awkward getting back in again as TD because you've just told them you want to work, so make sure you have the paperwork in order.

The problem doing it with an I-129 is that it's a very complex form to fill in and USCIS aren't going to phone and ask questions, they'll just return it if it's done incorrectly so in that respect it can be better to apply at a POE. (Also cheaper, costs $56 at a POE, $320 with an I-129).

3. In case it is difficult to get a TN, is there any other visa or work permit with which I could work ?

Depends what the job is, but it doesn't really get any easier than TN-1.