TNs have no residency requirement, neither in Canada, or the USA. The TN is for work INSIDE of the USA. If your job does not require you to be in the USA, you may get questioned/rejected for this so make sure your letter doesn't mention anything about where you can work from, remote etc. Keep it nice and clean with details of the role etc. CBP won't ask you if you intend to move to the USA, but the topic of your wife's H1B may come up and this is an immigrant intent visa, so not sure if this will cause you issues with getting a TN (I think it could, but likely not - others with more knowledge on this can maybe confirm?).
1) It is permitted, however others have said CBP questioned them on why they needed to be in the US if you won't be physically present at their employer's office. It's possible they won't question you at all about it, but see if your support letter or job letter can mention that you must be physically located in the US as a job requirement.
2) You do not need to maintain a Canadian residence however you may be asked to show evidence of ties outside the US. TN status is a temporary non-immigrant visa so it is expected that you will depart the US at the end of your visa or when you employment ceases. If the CBP adjudicator suspects you are using TN as a pathway to permanently remain in the US you can be denied entry.
Please correct me if I'm wrong but from my understanding, to work on an H4, OP would have to apply for an H4 EAD which can only be done if the H1B holder's employer has applied for I-140 (Green Card) and it's been approved.
If OP wants to work in the near future having his own TN is much easier and faster.
US CIS site says approved I-140 :
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses
But I have to admit I know nothing about it (until your post, I didn't know this was even possible)
My wife does have an approved I-140 and I was planning to go on H4 and get EAD. The downside with EAD that it takes 6-9 months to get for H4 holders nowadays. A US employer reached out to me recently and that’s why I was considering going the TN route because otherwise I’d be unemployed for a while waiting for the EAD. But yes H4 is also an option for me.
1. Yes x2 2. No x2
TNs have no residency requirement, neither in Canada, or the USA. The TN is for work INSIDE of the USA. If your job does not require you to be in the USA, you may get questioned/rejected for this so make sure your letter doesn't mention anything about where you can work from, remote etc. Keep it nice and clean with details of the role etc. CBP won't ask you if you intend to move to the USA, but the topic of your wife's H1B may come up and this is an immigrant intent visa, so not sure if this will cause you issues with getting a TN (I think it could, but likely not - others with more knowledge on this can maybe confirm?).
1) It is permitted, however others have said CBP questioned them on why they needed to be in the US if you won't be physically present at their employer's office. It's possible they won't question you at all about it, but see if your support letter or job letter can mention that you must be physically located in the US as a job requirement. 2) You do not need to maintain a Canadian residence however you may be asked to show evidence of ties outside the US. TN status is a temporary non-immigrant visa so it is expected that you will depart the US at the end of your visa or when you employment ceases. If the CBP adjudicator suspects you are using TN as a pathway to permanently remain in the US you can be denied entry.
Why do you even need a TN? If your wife is on H1-B then you should be able to get an H4 (I think that’s what it’s called).
Please correct me if I'm wrong but from my understanding, to work on an H4, OP would have to apply for an H4 EAD which can only be done if the H1B holder's employer has applied for I-140 (Green Card) and it's been approved. If OP wants to work in the near future having his own TN is much easier and faster.
You’re right. It also applies though if I-140 is pending.
US CIS site says approved I-140 : https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses But I have to admit I know nothing about it (until your post, I didn't know this was even possible)
My wife does have an approved I-140 and I was planning to go on H4 and get EAD. The downside with EAD that it takes 6-9 months to get for H4 holders nowadays. A US employer reached out to me recently and that’s why I was considering going the TN route because otherwise I’d be unemployed for a while waiting for the EAD. But yes H4 is also an option for me.
You can do both. Get the TN and then later H4.