My wife and I are both Canadian citizens working in the US. I hold a H1 visa (expiry Sept 2013) while she is working on a TN Visa (expiry Oct 2014). IN March we received our EAD/AP combo card which was filed through my employer. The I-485 application is still pending for approval (PD Dec 2008).
We plan to travel to Canada for a social gathering and I have a few questions -
-I believe I can travel to Canada/re-enter US based on my H1 status and my daughter can enter on H4 status (Canadian citizen)
-However my wife will have to submit her TN visa while re-entering US and enter on a EAD, Correct? OR She can enter on TN Visa?
-Should we be informing at the border that she has to enter on EAD or it is understood by CBP and they will re-issue a new I94 accordingly?
-In order to avoid confusion should we all enter on EAD?
-What happens with my wife' current employer once she no longer has TN visa? Can she continue work on EAD? Is the employer need to be informed?
Greatly appreciate a response.
Thanks
Re-Entering to US - TN or EAD
Moderator: Jim Eiss
Hold on. Sghe needs her AP not her EAD to cross.
Her TN is no longer valid for re-entry, as you suspect, since she has filed I-485, and thus has exhibited immigrant intent, so she can only enter US on Advanced Parole I-131. (Her EAD is a work document, not an entry document, as your EAD paperwork clearly states). Her AP is her entry document.
But, just as importantly, if she leeaves US without having secured an AP, she is considered to have abandonned her I-485, and would need to re-submit it. If they did not process a I-131 for her (or for you and your daughter for that matter), you need to get this before leaving ,otherwise she could be locked-out of country and forced to get an H4 to enter, and reapply for EAD. Your lawyer should have prepped you better for what you should be doing when travelling.
The border will stamp her AP I-131. The I-94 they issue will be for one year, but it is not a work document, and there is no need to keep it curent. Her status becomes adjustee, which is valid until her I-485 is approved or denied.
At her job, she will present the EAD as her work document for I-9 purposes. She can do this now if she wishes.
Her TN is no longer valid for re-entry, as you suspect, since she has filed I-485, and thus has exhibited immigrant intent, so she can only enter US on Advanced Parole I-131. (Her EAD is a work document, not an entry document, as your EAD paperwork clearly states). Her AP is her entry document.
But, just as importantly, if she leeaves US without having secured an AP, she is considered to have abandonned her I-485, and would need to re-submit it. If they did not process a I-131 for her (or for you and your daughter for that matter), you need to get this before leaving ,otherwise she could be locked-out of country and forced to get an H4 to enter, and reapply for EAD. Your lawyer should have prepped you better for what you should be doing when travelling.
The border will stamp her AP I-131. The I-94 they issue will be for one year, but it is not a work document, and there is no need to keep it curent. Her status becomes adjustee, which is valid until her I-485 is approved or denied.
At her job, she will present the EAD as her work document for I-9 purposes. She can do this now if she wishes.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing 
Thanks nelsona!!
Yes, I understand that she will require a AP to re-enter. The lawyer has processed for me and my family I131. My wife and I got a "combo card" which indicates EAD/AP card! My daughter got a paper document with her picture on it.
Also should we all enter on AP or it is "beneficial" for me to enter on H1 and my daughter on H4?
I still have one question regarding her employment -
Can she "switch" jobs? I mean, if she gets an employment offer can she accept it based on EAD?
The EAD is good for April 2013. Would her new employer understand that the card is renewed every year?
Yes, I understand that she will require a AP to re-enter. The lawyer has processed for me and my family I131. My wife and I got a "combo card" which indicates EAD/AP card! My daughter got a paper document with her picture on it.
Also should we all enter on AP or it is "beneficial" for me to enter on H1 and my daughter on H4?
I still have one question regarding her employment -
Can she "switch" jobs? I mean, if she gets an employment offer can she accept it based on EAD?
The EAD is good for April 2013. Would her new employer understand that the card is renewed every year?
The combo card is a new feature. Just be sure to understand the role each part plays. AP is for entry, and EAD is for work.
Your wife is free to work ro not work anywhere, or start a business. the moment she 'violtes' her TN, she become adjustee. She could go to her current employer right now and switch to EAD,
TN had a grace period for renewal. EAD did not in the past; check with current rules.
Your wife is free to work ro not work anywhere, or start a business. the moment she 'violtes' her TN, she become adjustee. She could go to her current employer right now and switch to EAD,
TN had a grace period for renewal. EAD did not in the past; check with current rules.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing