AOS Job Portability in TN Status

LMBrian

Member
So this is a TN query of sorts......
I'm currently in TN status and my AOS Green Card application, (EAD, AP, I-485), have been in process for over 180 days. My question is this: Can I use AC21 to move from my current employer to a new employer? It may be a question for another forum but thought I'd ask here first.
 
Even if you had an existing H1-B, in order to work for a new employer, you would still have to file a new I-129 H1-B if you did not have an EAD.

So i would think that a new I-129 would be needed to work for the new sponsor, and since you are ineligible for a new TN, so must wait for your EAD.

The new employer could however continue your GC process, even before you being hired, based on an approved I-140 and proof of similar job.
 
@nelsona I think the smart move is to wait for EAD to be approved and then decide. Even though AOS is in process and the 180 day window has expired, I'm still in TN status. And, as you correctly point out, I am ineligible for a new TN. Patience is the key right now I think! Thank you
 
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