My case is a bit complicated. Both my wife and I are Canadian citizens. My wife works under an H1 visa, while I am working using the TN status.
My wife is going to file 140 under EB1b category through her university employer. The school says I am not allowed to adjust my status within US due to the nature of TN status. If I want to work until the day I get green card, I will have to choose CP in Montreal. Since I choose CP, they suggest that my wife also choose CP.
The alternative they mentioned is, if we insist to do it by AOS, I can quit my job temporarily and change my status to H4 visa when we are ready to file 485, and only work again when I get my EAD. Theoretically it will just be a matter of 2-3 months.
Therefore I have the following questions:
1) According to her school, TN holder can not adjust status within the states. Is this true? Can TN holder uses AOS directly? Or he/she must change to other status, like H4, before he/she can use AOS?
2) The school says, we must make decision when we 140 application. Once we choose CP, when 140 is approved, the file will be transferred to US consulate in Montreal and be processed there. From what we have read, 485 is no longer involved in our case. After the 140 is approved, if the visa bulletin says EB1 is current at that time, we will be arranged for an interview in Montreal. Is our understanding correct?
Most likely EB1 will still be current when the gate opens again on October. I just want to confirm the visa bulletin will not concern us until AFTER our 140 gets approved.
3) If unfortunately my wife's 140 takes longer than expected, and my TN gets close to expire and needs to be renewed, does this pending 140 hurt my TN renewal?
4) I am wondering under current situation, which is a better option for us, CP or AOS?
5) It seems the CP cases for Canadians are handled in Montreal. Does anyone have such experience? School says it will only take a week or a bit more, and we will do medical exam and get police clearance in Canada. Is this true? If yes, is it easy to book for medical exam and obtain the police certificate before our interview trip?
Sorry for so many questions. We need to make a decision very soon. Thank you all in advance for any advice and suggestions!!!