Asked in Immigration Law for Texas

Q: My L1 Visa will expire in Oct My Wife works under the Visa Her work will provide her TN Can i stay under her TN?

I am also applying for EB1 Green Card in July and am from Canada

Will the loss of the L1 affect the EB1 Application

Will my wife transitioning to a TN affect the application?

Related Topics:
3 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: In general; You must have a current valid visa at the time you change your category OR if timely filed the new status may be retroactive so that you are not considered out of status.

You wife's TN should have no impact on your application. However, the sevice does have discretion to deny non immigrant visas if they conclude you have immigrant intent.

For advise related to your specific situation you should consult with an experienced immigration attorney.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Your spouse can proceed and obtain the TN if eligible for that change of status. You can then change to the TD but you will not be eligible to obtain employment authorization.

Both changes of status must be filed with USCIS prior to expiration of your current L status.

Your employer can file the EB1 FORM I-140 on your behalf whether you are in the L status or not. However, you will need to be in status before you file the FORM I-485.

You should visit with an experienced immigration attorney to help you with the proper strategy.

Good luck to you.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can get a TD, visa, but it won’t allow you to work. You will need your own TN visa for that. Neither the loss of the L1 visa in and of itself nor your wife’s TN visa should impact the EB1 green card.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.