TN visa and husband filing for I-140

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ahluwaliahNew Member
Topic author
Posts: 5
Topics: 1
Joined: 2 May 2011

TN visa and husband filing for I-140

Post Mon Aug 01, 2011 8:51 am

Hi,

I am Canadian and currently working on a TN. My husband is on H1B and will be filing for I-140 soon.
I will be switching employers and therefore need a new TN visa.

my questions:

1. Should I get the TN before my husband files for 140? We will be filing for 485 after 140 is approved and I believe my name is on both
2. Should he file for 140 and then I get a TN visa?
3. Which approach will be less risky for the GC application in the future and for my TN visa?
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: TN visa and husband filing for I-140

Post Wed Aug 03, 2011 8:31 am

SEe immigration.com forum for TN.

There is no immigarnt intent by filing I-140, even for you, never mind spouse.

All you need to be careful of is at time of filing I-1485 for you, you need to have about 6 months left on TN, and need to stay in US until you migrate from TN to EAD/AP (adjustee) status.
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