My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019).
I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B.
My wife wants to stay on TN (kids on TD) as long as possible because the employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.
Watch the Video on this FAQ: TN applying for green card
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
1. N-400, filed Feb-2006
2. Fingerprint: Completed Mar-2006.
3. Received interview letter April 2006.
4. Interview completed Jun-2006, tests passed, the FBI name check is pending.
5. Aug-2006, approached US congress Representative, office sent letter to FBI, answer received in October: Name Check is pending,
letter also stated the date when FBI received request from USCIS; knowing of this date was helpful; I was using this date in my
11:15 Went through security then directed to the appropriate waiting room;
There were other couples, and I must say the office really looked busy as there were many IO’s. Well I assumed they were at the rate in which families being interviewed were going in and out.
Our chance came eventually and we were called in by a fine lady, whose first thing was to swear us in. She appeared like she wanted to laugh through some of the proceedings although she kept a serious look.
Some of the questions asked;
We are back from San Antonio and I was APPROVED!!!!
Published by: The Economic Times - Date: February 18, 2021
Published by: The Economic Times - Date: February 06, 2021
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.