Can I return to my TN status?

[CATN2007]

I was a TN, but after filing 485 with my husband and getting a new EAD, I showed to the HR and updated my I-9. Now my husband is being laid off before his 140 approval + 485 pending less than 180 days. I think our 485 will be denied.

My questions are
1. Can I go back to my TN status, since it will be valid until May 2008?
2. Can I even apply TN again in the future?
3. How long my husband can legally stay after his layoff day without leaving the U.S?
4. Can he come back to visit me in the US and how long he can stay?

Really appreciate any response.

 

[bigboy00]

I was a TN, but after filing 485 with my husband and getting a new EAD, I showed to the HR and updated my I-9. Now my husband is being laid off before his 140 approval + 485 pending less than 180 days. I think our 485 will be denied.

My questions are
1. Can I go back to my TN status, since it will be valid until May 2008?

-- No. Because your status has changed from TN to "AOS pending". To go back to TN, you need to apply for a new TN which is not possible now (since your 485 is pending).

2. Can I even apply TN again in the future?

-- May be, It will be tough though since you have already expressed immigrant intent.

3. How long my husband can legally stay after his layoff day without leaving the U.S?

-- His presence is legal now, since he has filed for the AOS. His status is AOS pending. If he has an EAD, ask him to get a new job (based on his EAD, since it is not restricted to any employer). Then his new employer will need to start the whole GC process again while your husband keeps working on the EAD.

4. Can he come back to visit me in the US and how long he can stay?

-- Read #3 above. (He does not need to leave the US).

Note: This is my opinion only. Seek professional advice if still in doubt.

 

[nelsona]

His main focus should be on finding (a) a new job in the same field as his current one and (b) a sponsor who will resume his case.

It may not be possible to save the current I-485, but quick action on his and the new employers part, may get him in position to file a new I-485 when this one is rejected.

 

[CATN2007]

Thanks a lot for your replies.

But how his new employer can resume his GC process? H1B transfer can only extend his working status, not the GC process.

I read AC21, and from my understanding, if he won't get 140 approval within 180 days of I485 pending, the employer will withdraw 140. Then everything will start from ground zero again. There is no chance to resume anything, even the Labour certificate is not valid anymore.

Did I miss anything? I am really seeking any hope we can get...

 

[nelsona]

But how his new employer can resume his GC process?

by starting one of their own.

To clarify AC21. he must get I-140 approval for portability. he must ALSO have I-485 pending 180 days.

I was not referring to AC21. I was referring to finding a new sponsor. Period. That is why I said, filing a new I-485 (this implied also filing a new I-140, after PERM is approved).

The goal should be to do this quickly, before the 1st I-485 is denied. he would use his current EAD to work