TN vs. HB1 and rental income for someone on TD/H4 status

This is a great forum and I have already benefited from it. Thank you all. I still have 2 rather difficult questions and I really appreciate
your help:
i) I have read many of the older postings and I am still confused as to whether we should go for a TN permit or an HB1 status. The employer
has left the choice to us and is willing to do the H1B as well. Given the fact that we intend to obtain the GC (through the employer), what would be better for us TN or H1B. (The starting date of my employment is in
January 2012).

(ii) My wife will be on a TD (or H4) visa. Would she be able to
buy an apartment and rent it out to have some income ?
Can she have income through buying stocks and company shares, etc?

Many thanks,
Majid

1) H1 isa slightly better status if you are sure that you are going to stick with one and only one employer. TN allows you to more easily get second TN-qualifying jobs, as well as being easier to obtain in the first place.

2) TD and H4 are equivalent in taht she will not get an SSN, so this will hamper dealing with banks, etc. But you will have SSN so can get loans etc. Recieving passive income in US is fine, for either of you, regardless of TN/H1 or TD/H4. Warning that owning rental property will require hiring repairmen, and, if you own more than 1 or 2 units, a manager to oversee, collect rent etc. Neither of you can 'work' on these properties. As to stocks etc, as long as she finds a broker willing to use her ITIN to open an account, she should be fine. But she will have to wait until you file a tax return to get that ITIN, so that will only be in sprng 2013.

Since you have time, be fully warned that TD or H4 is a completely 3rd class status in US. See if there is someting she can do school-wise before going down to make her eligible for her own work visa, or push your future employer to start GC process ASAP, so that she can get an EAD.

Thank you for the detailed information. You are certainly very knowledgable in these areas. I was not very clear about the point you made in your very last line about GC and EAD. Do you mean:

My employer applies for my GC a.s.a.p ---> I obtain my GC ---> I will
apply for my wife's GC ---> My wife applies for her EAD while waiting
for her GC.

Or, perhaps, there is a shortcut (so that my wife can apply for her
EAD much earlier)?

Sorry for all those questions and thanks very much for your help.
Majid

Your first interpretation is closer: You employer files for GC, you BOTH get EAD while waiting for her and your GC.

Oh, okay. So, you mean that if my employer files for GC, it would be
for both myself (the employee) and my wife.

I always thought that I had to wait for 5 years to get my GC and then wait for another 5 years for my wife's.

Many thanks for your time and help.
Majid

Correct. Employer files for you, and you file for spouse, but at the same time as you.Most employers will take care of whole family in one shot.

No one has to "wait" for GC for any specific period, the problem is most categories are backlogged, some for MUCH longer than 5 years. You and spouse could get GC in as little as 3 months if there is no backlog.

The 5 year waiting is to apply for US citizenship after getting GC.

Thanks very much for taking the time to explain everything
so clearly.
Majid