Possible to obtain TN while 485 pending?

[cjzcjz]

Hi there,

I am eligible to submit I-485 before 8/17 (EB3, working in a big company, 140 already approved). My husband just graduated and is looking for a job. His F1 OPT EAD card expires in January 2008. We hope to obtain an EAD card for him through I-485 application. However we heard that it might take a long time to obtain EAD cards because there are lots of people filing I-485 right now. As a Canadian citizen, he could apply for a TN visa. But to apply for a TN visa, one has to show non-immigration intent. Here are my questions.

Q1. If my husband applies with me, can he still apply for a TN visa before getting the receipt from USCIS?

Q2. If my husband does not apply with me, can he have the opportunity to obtain a TN visa? Is it possible that his TN visa application will be denied only because I have filed my I-485?

Q3. If my husband does not apply with me, can he file his I-485 as my dependent (follow to join) later? If yes, when can he file? Does he have to wait until my PD becomes current again?

We are thinking to let me husband file I-485 after obtaining a TN visa, but don’t know whether he could obtain one after I filed I-485, and don’t know whether he could file I-485 after 8/17. Your input is highly appreciated. Thanks.

 

[TheRealCanadian]

His F1 OPT EAD card expires in January 2008. We hope to obtain an EAD card for him through I-485 application. However we heard that it might take a long time to obtain EAD cards because there are lots of people filing I-485 right now.

I think it's safe to assume he will get his EAD in six months.

If my husband applies with me, can he still apply for a TN visa before getting the receipt from USCIS?

No. Don't even try.

Is it possible that his TN visa application will be denied only because I have filed my I-485?

Possible, but unlikely unless he goes out of his way to mention it.

If my husband does not apply with me, can he file his I-485 as my dependent (follow to join) later? Does he have to wait until my PD becomes current again?

Yes, and yes.

If your husband's work authorization expired in 100 days or less I'd be more concerned, but I'm reasonably confident an EAD can be had by 2008.

 

[cjzcjz]

Thank you very much for the prompt reply. It seems the best choice for us is to submit 485 together. The only thing we lose is the chance to apply for a TN visa for my husband, but a EAD card in 6 months is much better. Also if he does not apply with me and get a TN, he has to renew his TN once a year, and to my understanding, he always have the "immigration intent" problem after sbmitting I-485 as my dependent (follow to join) when he renew TN. Please correct me if I am wrong.

The only thing I am not so confident is that there are so many people submitting I-485 in this month (before 8/17/07). Are they be able to issue EAD cards in 6 months? However I am not able to make an intelligent guess. Thank you again for your answer.

 

[cjzcjz]

Just thought of another option: Apply or renew TN by mail (filing form I-129). I know if one is denied TN at border he/she will be found inadmissible to US. For filing by mail is there any negative impact if it's denied? Thanks.