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maverick_aries

Spouse EAD/E34 Visa Eligibility for TN Visa Holder with Approved EB-3 I-140?

Hello!

I'm looking for some clarity on my situation. My wife is on a TN visa, and her EB-3 I-140 has recently been approved. Unfortunately, due to her priority date, we won't be able to file for an I-485 adjustment of status in the near future.

Considering this, I have a couple of key questions:

  1. With the I-140 approved, can I, as her spouse, apply for an EAD even though the priority date isn't current and an I-485 filing isn't on the cards yet?
  2. Additionally, am I eligible for an E34 visa under these circumstances, or does the TN visa's non-dual intent status affect this?

Any insights, especially from those who've navigated a similar path, would be immensely helpful.

Thank you for your time and assistance!

Posted Nov 2, 2023, 1:23 AM UTC

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