Do I have to use EAD or can I stay on TN?

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OttawaSenators

Registered Users (C)
Once I get my EAD, do I have to file an I-9 with the current employer/sponsor and provide them with EAD? Or can I still stay on TN status (as long as I don't leave the US)? If so, what are the pros/benefits and cons of still staying on TN?
 
OttawaSenators said:
Once I get my EAD, do I have to file an I-9 with the current employer/sponsor and provide them with EAD? Or can I still stay on TN status (as long as I don't leave the US)? If so, what are the pros/benefits and cons of still staying on TN?
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You can stay on TN until the earliest of the following events: the TN expires; you leave the US; you use the TN (eg for a 2nd job); a dependent uses the TN.

I don't think there is really much advantage to doing so though.
 
I think Cal had a typo or two:

You can stay on TN until the earliest of the following occur: the TN expires, you leave US, you use EAD at another job, or of course you lose your job. A spouse or dependent using their EAD is NOT a violation of your TN. They have also filed an I-485 and have their own set of rights apart from you. Cal might have been thinking of the reverse situation, where the TN holder uses EAD, the TD is automatically voided (and they become adjustees), not the other way 'round.

No need to change to EAD until one of these things occur.
 
Let's say I get laid off the first six months of AOS and I-140 is withdrawn. The whole thing collapses and CIS issues NOID. In this scenario, is it better staying on TN so I can immediately apply for B1/B2 and later on apply for TN for a new employer?
 
nelsona said:
I think Cal had a typo or two...
Click to expand...

You are right that there were typos: I meant to say that once either the primary TN or the dependent TD uses EAD (not TN) for any job, all beneficiaries (primary and dependent) must switch to EAD for all jobs. However I did indeed intend to say that dependent using EAD voids primary TN.

I hear what you are saying that this only happens in the reverse direction (if primary TN uses EAD, all TD's are voided). That doesn't fully make sense to me (how can the derivative become an adjustee before the primary)? It looks like you are right though as I was able to find other links verifying your view of things for H-1B albeit I couldn't find anything definitive for TN.
 
How can the dependant become adjustee before primary? Simple: by using the EAD that was provided by THEIR I-485. Remember, each family member submits their own I-485.
That, as you have said, doesn't make then an adjustee. Using EAD or AP does.

So, for example, I stayed on H1 for many years after my wife used her EAD, relinquishing her H4 status. So the derivative has NO effect on the primary's non-immigrant status. However had I used my EAD or AP, she would by force become adjustee, no longer eligible for h4.
The same applies (in a shorter time frame due to TN non-dual situation): A TD spouse using her EAD does not affect the primary's TN. The primary's use of EAD does kill any TD',s.
 
Thanks for clarifying.

Just out of curiosity, does it present any problems at the border if one spouse is entering on H-1B and the other on AP? I don't mean any legal impediments but I mean that H-1B's are usually just waved through whereas AP gets sent to secondary inspection--is there a risk of a disagreeable situation where a couple gets separated at the border as a result?

Feel free not to reply further as this is a TN thread and this is no longer TN-related due to the non-dual status of the TN.
 
Our APs were never taken to secondary.

But different treatment is always possible under any entry by a couple. I don't know why it would be disagreeable.
 
I just thought of a benefit of staying on TN even after EAD/AP arrives in mail: Driver License; if your TN expires way after your EAD/AP card, you are better off staying on TN and applying for your DL before you use your EAD/AP for any reasons mentioned in this thread. DL's (depending on the state) usually expire when your I-94 or EAD/AP expires.
 
EADs are now issued for 2 years, no? Then they should usually outlast your TN. AP's can't be used for DL. You do realize they are separate documents? Besides, you would have already had to renew your DL when you renewed your TN, since, like you said, the previous DL would have expired with the pervious TN.

So, in the off-chance you have a TN that expires in 2.5 years, Not much of a reason to lock your self in the US for 2.5 years.
 
Actually these days they issue both EAD and AP together in a card called "combo card". There is no more a paper document for AP. The bottom of the combo card says it also serves as AP.
Another thing: my EAD/AP is good for just 1 year. I think those are the H-4 EADs that are 2 years. Or maybe if your PD isn't current, they might give you a 2 year combo card.

In my case, you are correct because I already got my DL when I got my TN. But I know of Canadians who commuted across the border on TN and they held on to their Canadian DL until they decided to apply for GC and move here for good. In those cases, they can benefit from a longer DL if they use their TN.
 
You really are pessimistic about your GC, aren't you.
Thanks for the EAD/AP info. Been awhile.
Again, staying on TN, means no travel. DLs are cheap.
 
What do you mean I'm pessimistic about my GC? Yes, I'm pessimistic about EB GC in general. It is too risky. In my 11 years in the US, I've seen quite a few people get screwed when they get laid off in the middle of their EB GC process. Hi tech is a cut-throat business. They don't care if you get screwed.
Back to the DL topic, I just read some states like Georgia no longer give you a DL based on EAD card. They only issue it based on I-94. This is part of the anti-immigration sentiment going on in the country. So this would be another example to use one's TN to get DL before entering parolee status.
 
Shrug. You would still have your I-94 if you used EAD. and you are not in "the middle" of your GC process. Not convinced, but who cares what I think?
 
I am not in the middle of my GC process?!!! You want my I-485 LIN number as proof?! Or copy of my EAD/AP combo card?!! I can PM it to you. Is this forum for arguing with each other or for providing helpful information?!
How could you have an I-94 if you used your EAD for I-9? I-94 is only issued at POE. If you're talking about the TN I-94, I think DMV's have access to the immigration database so they can see if you are a parolee. GA DMV has decided to treat parolees like illegal aliens and deprive them from DL. There is a long thread going on about this issue: http://www.trackitt.com/usa-discuss...5/driver-license-denied-on-ead-c09-in-georgia
 
You seem to misunderstand. You are certainly not in the middle of your GC process, you are within WEEKS of getting GC.

So, cool you jets, give your opinion, just as I have. You gave what you thought was a good piece of info; I don't value it as much as you do.

And I guess you meant adjustee rather that parolee, since your can't keep TN if you were parolled into US.

And if you used EAD, who take your I-94 away from you? No one but your employer would know that you are on EAD. besides you would have already gotten your new DL based on your old I-94

Again, keep your cool... especially with me.
 
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