TN visa and I-485

[k_star]

Hello,

I am a Canadian citizen and have an offer from a company for a job. They have filed for my TN visa (change of status from H4 to TN) My questions are:

1. When my I-129 application gets approved, will I automatically be on a TN status? What happens to my H4 status?

2. My husband will be filing for his I-485 in a month when his priority date becomes current ( EB2, April 2010). At this point I will be on a TN status. So can I file for an I-485 with him? Will there be any problems?

3. Once we file for I-485 and get the receipt number, what status will I be on? can I continue to work on TN status till it gets approved and we get our EAD?


Thanks

[ccdai]

1. You can only be on one valid visa at one time, so when you get TN, your H-4 terminates.

2. Make sure you get your TN before filing of your I-485, because filing of I-485 manifest your intent to permanently stay in the US, which is against the temporary intent under TN. If you file I-485 while TN is pending, USCIS may deny your TN.

3. Once you have your receipt for I-485, it won't take long for you to receive the green card, while waiting, you certainly can work under TN.