Can I follow up with I-485 with a pending I-130?

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RipeAvocado

New Member
I'm the beneficiary of the I-130 petition submitted in May 2020 (23 months). I'm on TN status expiring in October 2022 (in 6 months). Processing times for CSC say 23-30 months which means any time between now (April) and October. Can I follow up with I-485 (I-765 & I-131) so it counts as concurrent filing? But then if I send AOS now and, say, within the next 2-3 months I-130 & I-485 are reviewed will I be able to receive my GC before my TN expires? Based on what I gathered AFTER sending I-485 applying for a new TN at the border or requesting an extension through I-129 is not an option as filing I-485 explicitly shows immigration intent.

I'm not sure what is the best course of action from this point. Should I not follow up with I-485 now and apply for TN extension through I-129 while I-130 is still pending? I really do not want to miss out on concurrent filing either.
 
RipeAvocado said:
Can I follow up with I-485 (I-765 & I-131) so it counts as concurrent filing?
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Yes (assuming it's in a category that is current).

RipeAvocado said:
But then if I send AOS now and, say, within the next 2-3 months I-130 & I-485 are reviewed will I be able to receive my GC before my TN expires?
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There's no way it will be that fast. You are unlikely to even receive an EAD that fast.

Are you okay with stopping work for a few months until you get your EAD or GC?
 
newacct said:
Are you okay with stopping work for a few months until you get your EAD or GC?
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No, not really. I have 6 months from April until my TN expires. Will that not be sufficient enough time to receive EAD?
I have also been advised to request expedited EAD processing after filing on the grounds of severe financial hardship in case of a resulting job loss and financial damage to my employer. In fact, the latter is even more important as the company might lose a contract with a client that I'm contracted out to. If I'm not able to work the contract will be terminated.
 
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