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TN Vs EAD

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  • TN Vs EAD

    Hi Guys,
    A quick question.
    I have about 3 months on my TN and just got my EAD for a year. Should I go to EAD ASAP or let TN complete its time? If I go to EAD I just tell my employer to change my immigration status from TN to EAD or there is any other procedure involved.

    Thanks

  • #2
    Originally posted by rekhasein
    I believe your present EAD is adequate but you really ought to examine with your closest USCIS area workplace to be certain.
    Huh? Why bother with USCIS?!

    I assume you got EAD thru a GC process, so you can keep on TN, but only until you either switch jobs, or leave US( in which case you must enter US on your AP, and your TN is dead anyways).

    Since you have so little time on TN left, I would be sweitching to EAD. Remember though, thta EAD, unlike TN, does not allow work past dtae of expiry even if you have applied for EAD extension. So make absolutely sure that you keep your EAD current at all times, until you get your GC.

    For your employer, you fill out a new I-9 with your new work authorization. Same when you get your next EAD or GC.
    Languishing in Lincoln -No More!!

    Comment


    • #3
      TN and EAD

      I discussed with one lawyer on TN and EAD. He told me that a person cannot have EAD and non-immigrant visa at the same time. So your TN visa shoud not valid and you should move to EAD.

      Please check with lawyer to reconfirm.

      Comment


      • #4
        9jqnsw

        I think you or the lawyer misunderstood. lawyers have a hard time with anything related to TN

        What cannot happen is USING an EAD and TN at the same time. But until one uses the EAD (since it is not an status, it is a work authorization) or until one changes status (either by re-entering US on an other status) the TN is valid.

        But the mere fact of possessingan EAD does nothing to one's current status. The same is tru for one with H1 or L1 who is transitioning to GC.
        For example, I had in my possession an EAD for about 4 year while waiting for GC. I remained in H1 status all along, and that was my work authorization, which was renewed tweice during that period.

        TN's don't have the luxury of renewal, once their GC is at the I-485 stage (which is when one typically gets EAD).

        So, again, while you can stay on your valid TN until it either expires or you leave the country (whichever is first), you might as well switch to EAD at this point. but you certainly do not have to.
        Languishing in Lincoln -No More!!

        Comment


        • #5
          kite2020,
          The following is an excerpt from:
          http://forums.immigration.com/showth...692#post984692

          Originally posted by curiousGeorge View Post
          Many people, even many qualified lawyers are under the wrong impression that a person in TN status cannot file for Adjustment of Status, simply based on the fact that TN status does not allow for dual intent. (See Quote #5 in Appendix C below) All this really means is that once a person in TN status has shown clear immigrant intent, they are no longer eligible to obtain or renew their TN and TD status. Another misconception is that an I-140 shows clear immigrant intent. This has been confirmed to be untrue by both the former director of INS and the Nebraska Service Center, since an I-140 is filed by the COMPANY, and not the beneficiary. (See appendix C below for all relevant quotes, especially quote #1) Only a pending I-485 shows clear immigrant intent, therefore once you have filed an I-485, you are no longer eligible for TN status. To this point, many people ask what happens to their TN status once the I-485 is filed. The following pages explain this in greater detail, but as a summary, this is what you should know:

          Once the I-485 is filed, you will remain in TN/TD status until one of the following happens:
          a) Your TN expires. You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
          b) Your spouse or children’s TD expires but your TN has not. They are now in AOS Pending status, depending on which one expired. They should use their EAD and AP accordingly.
          c) You leave the US and reenter using your AP (NB: you cannot reenter using your TN). You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
          d) Either your son/daughter or your wife leave the US and reenter using their AP, but you are not with them on the trip. They are now in AOS Pending status. They should use their EAD and AP accordingly. You are still in TN status.
          e) You use your EAD to work at a different job, or at a secondary job. You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
          f) Your spouse uses her EAD to work. She is in AOS Pending status now. (S)he should remember to use her AP instead of her TD when traveling. You are still on TN status.
          g) You present your EAD to your current employer and file a new I-9. You and your family are all in AOS Pending status now.
          h) You get laid off or quit without a new job lined up. You and your family are all in AOS Pending status now. Your family needs to use their EADs accordingly, and you all need to use an AP to travel instead of your TN/TD.
          i) Your I-485 gets approved together with your family. You are now in permanent resident status. You and your family will use their Green Cards to travel.
          j) Your I-485 gets denied. You and your family are out of status. Your TN is not valid. Your EAD is not valid. Your AP is not valid. Your lawyer should file a MTR ASAP, or if not then you should leave the US immediately.
          So you think you can't go from TN to GC without doing an H1b? Then you really need to read this: 21 Steps for getting a GC from TN Status http://www.immigrationportal.com/sho...92&postcount=2

          Comment


          • #6
            Originally posted by curiousGeorge View Post
            kite2020,
            The following is an excerpt from:
            I seriously question j. The mere act of filing an I-485 will not invalidate a TN or terminate the non-immigrant status.
            ------------------------------------
            IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

            PD: 9/12/2000 (EB3/VA/RIR/Canada)
            I-140 RD: 12/22/2000
            I-140 AD: 7/16/2001
            RD: 8/28/2001
            ND: 10/26/2001
            FP1: 1/31/2002
            RFE: 8/2/2002
            RFE RD: 8/28/2002
            TD: 10/22/2002
            FP2: 6/19/2004
            ID: 07/15/2004
            AD: 07/15/2004
            CO: 08/18/2004
            CR: 08/23/2004
            N-400 RD: 05/21/2009
            FP: 06/13/2009
            CFR: 08/05/2009
            IL: 08/21/09
            ID: 10/7/09
            USC: 10/8/09

            Comment


            • #7
              Originally posted by TheRealCanadian View Post
              I seriously question j. The mere act of filing an I-485 will not invalidate a TN or terminate the non-immigrant status.
              I think what curious is referring to is I-485 denial LONG after the I-485 is filed, after EAD has been used and entry into US has been made on AP. The person would be in Adjustee mode. At that point one of the other reasons for TN to be ended would have occured.

              However, you are correct that if NONE of the other items on the list have occurred, TN is still valid.
              The likelihood of getting to (j) without (a) thru (i) happening however are pretty slim.

              Any idea how to proceed if (j) has occurred, other than keep working and file MTR?
              Last edited by nelsona; 2nd April 2012, 11:34 AM.
              Languishing in Lincoln -No More!!

              Comment

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