Applying For TD when TN is almost expiring

T

The_Gift

Member
hi everybody just have a question/concern and wanted to get your input on my situation

i just got my I-140 approved!! thank god! so my TN is expiry April 28th of next year my husband is going to apply for his TD in January my question is will he have a problem obtaining his TD even tho i only have about 4 months left and by the time he goes to apply it will 3 months left.
 
I dont think there should be any problem. He will get the remaining three months for his TD. In order to help other members on this board, please do put in a message when you get your TN renewed as you have an approved I-140. Most members on this board are of the opinion that the I-140 changes nothing ( which is correct , as it does not indicate any intent of migration ), but we would like to know what kind of issues one may be faced with, in the wake of this new government.
 
yea no problem but i am not trying to renew my TN my lawyer says where gonna try and file 485 ASAP so i dont have renew my TN thats why my husband needs to apply for his TD asap but i was also told that i-140 doesn't change anything even if you try to renew your TN
 
You're cutting it a bit too thin. 3 months may not be enough these days to get an EAD/AP. I can see on other forums people's EAD/AP applications are taking a very long time these days. You cannot file the I-485/I-765/I-131 until your husband gets his TD, leaving you only 3 months. So be prepared that you may not be able to work after your TN expires if you don't receive your EAD in time. You'll have to go on leave of absence with no pay until EAD arrives in mail.

Plus there is another rule (and the experts on this forum can comment further on this) that you may not be able to file an I-485 within (I can't exactly remember) 30 or 60 days after entering the US on a non-immigrant status. The I-485 may get rejected. Even though it is not you who is entering the US within this time period and it is your husband, but he will also be a beneficiary of an I-485 application.

I hope your lawyer knows what he/she is doing. The safest bet is: renew your TN and then apply for I-485. My 2 cents...
 
Excellent information! I will google and learn more.
@The_Gift, I am assuming you are Canadian by birth, and you can file AOS/I-485, if that is accepted then you cannot renew your TN, that is a given, your lawyers can help you sort it out from there.
 
good input ottawaSenator i was thinking the same thing my husband is actually in the USA right now for xmas so we are actually going to get are medical stuff done now while he is here and then go to the lawyers office and talk about this issue and see whats the best scenario cause if we do have to wait a little longer its not that big of a deal and the lawyer does also now the situation with my husband
 
If your husband is already in the US, then apply for I-485 yesterday. Why are you waiting? If you apply for 485, when his TD or whatever status he's on expires, his status automatically changes to "AOS Applicant". There is no need to apply for TD for him. I'm assuming he did not enter the US the last 60 days though.
 
OttawaSenators said:
If your husband is already in the US, then apply for I-485 yesterday. Why are you waiting? If you apply for 485, when his TD or whatever status he's on expires, his status automatically changes to "AOS Applicant". There is no need to apply for TD for him. I'm assuming he did not enter the US the last 60 days though.
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@ottawaSenator my husband came here on tuesday from Canada and the lawyer called me on Wednesday and said the i-140 was approved that's why he hasn't applied for a TD as of yet if we had know for example a week ago we would have did all we needed to so when he comes here he didn't have to leave and yes he has entered in the last 60 days he was here 2 weeks ago
 
The_Gift, I do not recommend filing for I-485 until your husband comes here and settles down for at least 60 days. There is an elevated level of scrutiny by the current administration and they will find any reason in the book to deny you. You can notice the extra scrutiny and the recent TN rejections for the weirdest reasons in this forum. Be careful and hire a good lawyer for your GC.

Another option you might have: if husband is not ready yet to move down, see if he can do a consular processing. But both of you may have to do CP.
 
i am meeting with my lawyer after the new year to discuss this issue i rather be safe then sorry so that being being said if waiting till april 28th when my TN expires and me Renew mines and him apply for his the same time then so it be i do have a good lawyer according to what i reviewed and heard about her shes 1 of the top rated in the state so i am sure she will guide us into the right path.

question: if you are renewing TN @ a port of entry when is the earliest that you can apply to renew it?
 
so i haven't spoke to my lawyer as of yet but i am thinking about telling my husband to return back to Canada on Jan 2nd and then apply for his TD on Jan 5th via port of entry @ buffalo/Niagara border so now that i have this I-140 approved with roughly 4 months left on my TN what kinda challenges do you think he would come across applying for the TD? i am sure 1 of the questions that would be asked would be why are you now applying for it? so i do need some help from my people on this forum please & thank you
 
If he doesn't have a TD I-94 and he is entitled to one, it doesn't matter how little time you have left on TN; he will get both the visa and I-94 without issue -- as long as he hasn't filed I-485.
In my opinion you are cutting this awfully close, since it will take 3-4 months to get I-131 and I-765 approval, so you could see yourself unable to work for a short (or long) period.
 
@nelsona yea i know i am cutting it short but to be honest i am just kinda nervous and scared to renew my TN with the approved i-140 i just don't want to have any problems with the CBP and all the questions that could come ahead as of the fact i am not a really good talker when it comes to things as my husband is kinda the reason why i would just rather him get his TD so he has to deal with CBP not me or i guess another option could be renewing my TN by mail right now and when i get it then make him go apply for his TD
 
My question is why does he need a TD now, when he never needed one before. I assume he entered as a tourist in the past? Or has he never entered US.?
Personally, I would be renewing TN by I-129 premium process, and then filing I-485. Your spouse can file I-485 later (but not too much later).
 
nelsona said:
My question is why does he need a TD now, when he never needed one before. I assume he entered as a tourist in the past? Or has he never entered US.?
Personally, I would be renewing TN by I-129 premium process, and then filing I-485. Your spouse can file I-485 later (but not too much later).
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while he needs a TD now so that we can go and file the I-485 as per my lawyer he never needed one before as per he was still in canada living/working so now that my i-140 is approved and are PD is current which i didn't expect kinda throws a wrench into things now i am still waiting to hear from my lawyer to get her input on this situation and i am gonna suggest that we renew the TN and go from there only thing that makes things difficult is getting a hold of the head of HR to fill out the I-129 and sign for it as it was during this whole process with the i-140 but i do agree with you @nelsona i do think that it is the best option. But lets just say i was to go to the Border to renew TN what would be the best thing to say? or how would i get around the fact that i have a approved i-140??
 
Yes, but has he never visited you in US? He must have entered on B2. He can still enter on B2, that will last 6 months, during which he can apply for TD by mail.

Forget the I-140 being a problem. It quite simply is NOT.
 
@nelsona yes he has visted me in the states he has been here since dec 20th and his flight to go home is jan 9th we had this flight ticket book many many months before
 
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