Applying For TD when TN is almost expiring

so i finally spoke to the lawyer today and pretty much here is my update

my husband is going to go home Jan 9th as scheduled handing in his 2 weeks notice for work and coming back in 2weeks gonna apply for a TD at the moment if not giving just gonna come in as a normal visitor wait close to the 90 days then gonna file the i-485 for the both of us due to the filing is going under his country of changeability and in the mean time gonna file i-129 to extend my current TN
 
Good. And at the same time you file I-129 for TN, your spouse should file for his TD by mail, too, form I-539. No need for a consular visa for that.
 
@nelsona hes going to try and apply for his TD at the airport when hes coming back so hopefully by then my I-129 will be filed and my lawyer could also send him a copy of the letter that they will be sending with my TN so if there is any problems he can pull that out and say that "i am currently apply for a extension etc" so he should get his TD without any problems the lawyer did say tho if he doesn't get his TD that it would be still ok and that they will still file the 485/AOS even though his status will be a vistor but i am hoping that he just gets his TD because i will feel alot more comfortable and i am sure he would too so will see how it all goes with him in the next 2 weeks
 
1. He does NOT need TD to file I-485, he simply needs to be in legal status in US (B2 is legal) and wait the appropriate time to file I-485. So, you will not be "more comfortable" when he is on TD, because it will be expiring shortly.
If he applies for TD now, since your TN is soon to expire, the will only grant him TD for that short time, and he will be out of status by the time he needs to file I-485. The letter is meaningless. if you do not have the TN approved yet, they will not grant him a TD longer than your current one.

He should enter on B2 (as he has always done) which will be granted for 6 months, then you should file I-129 and I-539 for TN and TD, and when these are approved, file for I-485.

You didn't say: Is he Cdn citizen?
 
@nelsona

oh ok i see what your saying i guess he will just enter as B2 and then file the 485 after the 90 days i wasn't aware of the fact tho that you would be able to still apply for AOS under a b2 status that being said i guess i feel a lot comfortable now i believe the lawyer isnt really to concerned about really filing a TD for him she just wants to put my TN in the works so that i would be able to keep on working after the fact my TN expires. so that being said even if has 6 months as long as the AOS is filed before that everything should be fine right? and yes he is a canadian citizen
 
UPDATE::::: So My husband went to the border crossing @ Buffalo & was granted his TD with no issues didnt even ask him about the I-140 so that's good news!! :) thanks for everyone's input :) i believe what the lawyer is gonna do is send in the I-129 form in by mail and then submit both of our 485 before april 28th which would pretty much be close to the 90days
 
Make sure the lawyer includes your husband on I-129 for the renewal TN extension so he can also get his TD renewed. Also, I'm assuming you already know you cannot file I-485 until a decision has been made on the I-129 application.
 
Includes your spouse's I-539 along with your I-129.

As Ottawa said, you MUST get the new TN before you submit I-485, otherwise the I-129 will be denied for having demonstrated immig intent by filing I-485. I would be getting my new TN right now, since you need to wait to file I-485 at this point anyways. Your lawyer is not quite handling this correctly, if he is doing as you say. You will be without work status for a time the way he is proposing.
 
i have a meeting with the head of H&R monday for her to sign the papers on my I-129 i would believe that is what she is doing? i am going to speak to her tomorrow and go over everything and see what she says and let you guys no.. Question if the i-485 are submitted before my TN expires would it matter anyways? seeing the fact i am doing it by mail and may take 3-4 months to get approved anyways?
 
the filing of I-485 before your TN status expires is needed because you need to be in legal status to file I-485. Now, if they file your I-129 today, that will keep you in legal status (legal and working status) until your I-129 is approved or rejected, which is fine. The problem is when your I-485 is filed, and your I-129 is still pending, this *could* result in your I-129 being denied. If that happens, you are still in legal status (based on filing I-485) BUT you have no working status, until your EAD is approved. So you could be out-of-work between the time your I-129 is denied and your EAD is approved.

I would be filing I-129 premium processing, getting the TN issue out of the way completely, and then filing I-485 60/90 days later.
 
I agree with nelsona on PP for your I-129 because time seems to be of the essence in your particular case. Even if your employer does not cover the extra fee for PP, just pay for it out of your own pocket and don't be stingy about it.
 
yea that makes sense normally when filing i-129 thru the mail how long does it take to get processed? give or take?
 
without PP it takes 2-4 months. Not something you want to play with. With PP it will take 2-3 weeks, if the petition is filed properly.
 
That really makes it imperative to nail down TN extension (and at least file the TD extension) before even thinking about filing I-485.
 
update on my case my lawyer filed I-129 to renew TN on January 30 just received letter from the lawyer that it was approved which was pretty quick so that's good around a months time so now just waiting for the 90 days to be up to file 485/EAD/AP which i am dreading for my husband cause of the horror stories i've been hearing on how long its been taking for people to get there EAD so i guess will just see what happens when the time comes
 
Just to be clear, what are you using for the starting date for the "90 day" countdown. Are you using the day you filed for TN? The day you got your TN?Are you using the day you or your spouse crossed back into US? Which. There is a right answer.
 
according to the lawyer the day my spouse crossed the border which was January 26th i havent crossed back into canada for probably almost a year now
 
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