TN H1B E1 TreatyTrader

hoomanmoh · Post by **hoomanmoh** » Tue Feb 06, 2007 10:13 pm

Hi,

I currently have TN - will Switch to H1 on next openning and finally to GC.

Question, Can I apply for E-1 or E-2 Treaty Trader or Treaty Investor at the same time with TN or H1. I need to open a self business here in US to do some contract work, and as well get my wife to be able to apply for EAD, which I understand spouse of E visa can get.

Any information is highly appreciated

Thanks,

nelsona · Post by **nelsona** » Tue Feb 06, 2007 10:49 pm

You can apply for these, but can only hold one at a time.

There is no need to wait for H1 to begin the GC process.

hoomanmoh · Post by **hoomanmoh** » Wed Feb 07, 2007 3:08 pm

That's not good, I need to keep TN/H1 inorder to get to GC. Is there any other way that wife can get Employment authorization. She was offered jobs but companie's lawyers cant get a TN or H1 because of category problem.

I understand that H1 is not needed to get to GC however my employer's lawyer is not willing to do it. She also warned my employer of the risks invloved (right or wrong) so they just want to follow her direction. Perhaps she is doing this to make some extra money!!
Pity!

nelsona · Post by **nelsona** » Wed Feb 07, 2007 3:35 pm

I'm sure the host of this board could easily expalin that, while there are risks to remaining on TN, these can easily be overcome.

H1's are hard to come by these days, so waiting months to begin a GC process is not really wise.

Once you do file for GC, at the I-485 statge, which could be a soon as 3 months if your firm would get off the pot, she could apply for EAD and work or start a business soon thereafter (you would also be able to get EAD -- in fact you would have to due to TN -- and start a business without the restrictions of E visa).

You do not need to keep a TN or H1 once you file I-485, regardless of how long thereafter it would take to get GC.