Adjustment of Status

[adventurist]

In filing an AOS for a TN holder, it is best advised to have a least
3-6 months left on your TN prior to expiration because it takes 90-day to process the EAD and AP. My concern right now is that I have less than 3 months on my TN before it expires in August 7th 2007, although I have already sent in my TN renewal through regular process because I never anticipated that there would be a phenomenal forward movement of employment-based visa. Obviously, I have not yet submitted my AOS application along with the other documents as I am at the moment waiting for the approval of my TN which will come out probably later on this year. What are the consequences, if you will, of filing an AOS past your current priority date. Thank you for all your responses.

 

[nelsona]

Not quite sure what your question is.

If you are asking about the consequences of filing an AOS while your TN extension is filed it is that if someone puts 2 & 2 together, your extension will be denied, and your EAD will probably not arrive on time for you to continue working without a break. 1st time EADs always take the max time or more, and you haven't even filed the apps yet.

If your question is what is the consequences of waiting until your TN is approved, and THEN filing I-485, ie not filing AOS as soon as your date is current, then the consequences are (a) you will be deeper in the pile as probably 100,000 become eligible for filing AOS on June 1, (b) dates could retrogress in the July or sept bulletin, or become unavailable until October. you willthen be deeper when you do get to file, and that may occur at another inconvenient time (like when you need to leave the country, or your next TN comes up for renewal -- rememebr, once you file AOS, TNers need to stay put in US until they get both EAD and AP).

As I answered you yesterday, you may find investing the $1000 to upgrade your I-129 is money well spent. You will need to weigh this against the possibility of being out of work (you would not be out of legal status) for a few weeks.