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TN Vs EAD

Discussion in 'TN Status' started by Azbio, Mar 16, 2012.

  1. Azbio

    Azbio Registered Users (C)

    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. nelsona

    nelsona Registered Users (C)

    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.
  3. kite2020

    kite2020 Registered Users (C)

    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.
  4. nelsona

    nelsona Registered Users (C)

    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.
  5. curiousGeorge

    curiousGeorge Registered Users (C)

    kite2020,
    The following is an excerpt from:
    http://forums.immigration.com/showt...PPPRRRROOOOOVEEEDD!!!!!!!&p=984692#post984692

  6. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    I seriously question j. The mere act of filing an I-485 will not invalidate a TN or terminate the non-immigrant status.
  7. nelsona

    nelsona Registered Users (C)

    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 a moderator: Apr 2, 2012

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