Filing for AOS, but TN expiring Aug end

S

sean55

New Member
I am currently on TN status which expires end of Aug -2007. I am about to concurrently file I 140 and I 485 under the July Visa bulletin.

1 What happens after my TN expires (the EAD wouldn’t be there by then, in any case)- Will I be out of Status, or is there indeed some ‘180 day immunity’ , as people suggest?
OR
Should I rather get my TN renewed now so that it is valid for a full 1 year- and then make the concurrent filing of I 140 and I 485. Also would premium processing of I 145 make sense, at any point of time during this process?

Thanks a lot!
 
It's all about timing. Once you file your AOS and it has been recieved your TN is done and finished and you cannot get a new one. So you would be unable to work until your EAD comes in which takes anywhere from a month to who knows how long nowdays (mine was a month, but hearing 6 months now or more). The best option for you is to get a new TN asap. Get to the border and get a TN or do the mail in TN and do get it expediated (Premium processing).

There is no such thing as a 180 day immunity, either you have your TN or you do not in this case. Once AOS is in their system, it is invalid from that point on forever (unless you pull your AOS)...
 
The easiest solution is to file i-129 for TN with next week, with premium processing, or go to boder this weekend (trouble with that is they might say' come back in august)

You will have you new TN within 2 weeks, good until Aug 2008.

You can submit your AOS in the meantime, as there is no way they can tie the 2 together.

or go to border this weekend (trouble with that is they might say' come back in august). then file AOS

Then, by about november, you will have your EAD/AP, and TN will be a distant memory. Only inconvenience is that you will need to stay in US from now until your get your EAD/AP.
 
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AOS- and TN Renewal

Thanks for you time and thoughts, Warlord and Nelsona.

If I proceed to the Border to renew TN, and then file AOs a day later- it sounds technically perfect, but could that in any way be construed by USCIS as a red flag-- in as much as on one hand I am renewing TN(temporary intent), but next day filing for AOS (permanent intent)?

Once again, thanks to all for their thoughts- you are indeed providing a valuable service to the community!
 
sean55 said:
If I proceed to the Border to renew TN, and then file AOs a day later- it sounds technically perfect, but could that in any way be construed by USCIS as a red flag-- in as much as on one hand I am renewing TN(temporary intent), but next day filing for AOS (permanent intent)?QUOTE]

For June filer, they possibly get receipt# by 8/1, so image when can you get # for July flooding? red flag, never heard.
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There is a possibility that you could be accused of having entered US with intent to immigrate, but this is pretty rare.

I would prefer that you mail in your request, this avoids that issue entirely.
 
Can one continues working when his TN renewal is pending and his current TN expires? Is USCIS receive letter for the TN renewal application good enough for that?

Thank you for your comments.
 
qingshangreen said:
Can one continues working when his TN renewal is pending and his current TN expires? Is USCIS receive letter for the TN renewal application good enough for that?

Thank you for your comments.
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Once they receive ur TN application (while your current TN is valid), you automatically get a 240 day grace period until the decision is made on your TN application. So if your TN renewal is pending and your TN status has expired now, you are good and can continue working for your employer.
 
AOS and TN Expiring

What happens after my TN expires (the EAD wouldn’t be there by then, in any case)- Will I be out of Status, or ""is there indeed some ‘180 day immunity’ ,"""as people suggest?

Someone mentioned sec 245K - Anyone know what that is- and how that may help?

Thanks to all
 
sean55 said:
What happens after my TN expires (the EAD wouldn’t be there by then, in any case)- Will I be out of Status, or ""is there indeed some ‘180 day immunity’ ,"""as people suggest?

Someone mentioned sec 245K - Anyone know what that is- and how that may help?

Thanks to all
Click to expand...

If your TN expires (and if you have no other application pending) - you are Out of Status and will start accruing illegal presence.

If your TN expires (and if you have applied for the AOS+EAD and have the receipt number but no EAD - I assume that you are in this case since you are talking about the EAD): You are NOT out of status, your status is "AOS pending". But you are NOT authorized to work for any employer.
 
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