Canadian Citizen working on TN visa in US.

You can't renew your TN visa after filing I-485 since it's not a dual intent visa. You have to do CP.
 
c514468 said:
You can't renew your TN visa after filing I-485 since it's not a dual intent visa. You have to do CP.
Click to expand...

Not completely true. No need to go the Consular Processing route. When you file for I-485, you must also apply for an EAD (Employment Authorization Document) and an AP (Advance Parole).

I've been through the process successfully. Here is everything you want to know:

1) File PERM. Keep renewing your TN as you normally would. You can continue to travel and work using your TN.

2) After the PERM gets approved, file your I-140. Do not file your I-485 concurrently (Only avoid concurrent application if you are unsure of your I-140 getting approved easily. See below on my opinion this point). Renew your TN via mail if necessary (not at the POE/PFI). You can continue to travel and work using your TN.

3) After your I-140 is approved, and your priority date is current, verify that you have at least 6 months left on your TN. If so, proceed to step 4. If not, apply for a new TN now. If your priority date is not current, keep renewing your TN until your priority date becomes current. Once it is current, make sure you have 6 months left on your TN and proceed to step 4.

4) Once your I-140 is approved, and you have a TN that is good for at least 6 months apply for your I-485. Apply for your EAD, and your Advance Parole at the same time. Your TD dependants should also apply for EAD and AP now.

5) Do not leave the United States between step 4 and step 7. You can continue work using your TN, but you cannot travel using your TN. Never apply for a new TN ever again. If you leave between steps 4 and 7, your I-485 will be considered abandoned, and you won't be eligible for a new TN. Basically if you leave, you can't come back, unless you get some other kind of visa, (H1, L1, etc) and you'll have to refile your I-485. Bad..bad..bad..

6) If your EAD does not arrive within 90 days after the application was filed, schedule an appointment at the local office using InfoPass and apply for an interim EAD. (this is why you needed to have at least 6 months left on your TN as mentioned in step 3.) I say 6 months, because the 90 days starts ticking after USCIS "receives" your EAD application. If it takes them a while to get it into their system that may be a delay. It may take a few weeks for your InfoPass appointment, even after you schedule it, depending on availability, plus, once you go get the Interim EAD, you may not be issued it on the spot. There may be an additional delay of a week or so before you actually get it. So although you can "apply" for an I-EAD in 90 days, its better to leave a buffer of a few months on your TN in step 3.

7) Once your Advance Parole is approved, you can travel abroad. If you travel using your Advance Parole, upon re-entry to the US, you will be in I-485 pending status, not in TN status. Your TN status will be voided, and you'll have to provide your EAD to your employer to update the I-9. If you are travelling with your dependants, they will also need an AP for travel (as mentioned in step 4).

8) Once your EAD is approved, you can find a second job if you so wish. If your I-485 has been pending for more than 6 months, then you can invoke AC-21, and leave your sponsoring company for another job that matches the description in your LC. Upon using your EAD, your TN is voided. All your employers would need a new I-9 with your EAD on it, and you would be in I-485 pending status, not in TN status. Your TN status will be voided, and you will need to use your Advance Parole when you travel for re-entering the US. On the same token your dependants can also use thier own respective EAD tto find jobs. A privaledge they were not entitled to under their TD status.

9) If you don't travel in step 7, and you don't get a second job, or switch jobs in step 8, then you'll be in TN status until your TN expires at which point you'll be in I-485 pending status. In any case, once you are in I-485 pending status due to any of the steps outlined above, then your TD dependants are by default in I-485 pending status, and they would also need an AP for traveling at that point.

10) Keep renewing your EAD and AP every year at least 3-4 months before they expire so that you can take advantage of step 6 if necessary. Make sure they don't expire since although you'd still be in a legal status of I-485 pending, you would not be able to work or travel until the new EAD/AP arrives in the mail.

11) If your I-485 gets denied you would be out of status immediately, and so will your dependants. At this point your EAD and AP are also invalid. You would need to apply for a motion to reopen as soon as possible. Once your MTR is accepted, you can work using your EAD again. (This situation is very very rare, so don’t worry about this one, and this is not at all specific to TN cases, since the same situation happen if your H1b had expired, and your I-485 were to get denied),

12) Eventually your I-485 will get approved, either directly from the service center, or you might get an interview like me. Your status will change from I-485 pending to permanent resident status. If you or yor dependants have a social security card that says "VALID ONLY WITH WORK AUTHORIZATION" then you might want to consider getting an updated card, to reduce confusion from any future employers. If not, then there is no need. Either way, your SS number will remain the same. If your dependants only have an ITIN number, then now they can get Social Security cards. Congrats! You've completed the process!


Notes on NOT filing concurrently in Step 2:
If your I-140 is clear cut and straight forward, then ignore the following. My I-140 was "on the edge", so the following advice is what I would recommend for anyone in my situation.

An I-140 is filed by your company, not YOU so simply filing an I-140 does not show clear immigrant intent, since it’s the company filing in your name. There was a USCIS memo that was issued that clarified that simply filing an I-140 does NOT show immigrant intent. The company "could" file it without your consent, so therefore it’s not your fault that "they" want you to immigrate, eventually. By filing an I-485 you are clearly expressing YOUR choice to immigrate, not anyone else's, YOU are the one that consciously made the decision to immigrate by filing an I-485, and that is clear immigrant intent.

By filing an I-485, you show clear immigrant intent. For this reason, once you've applied for an I-485 you are no longer eligible for a new TN, since to qualify for a new TN, you cannot have dual intent. Dual intent is defined by having shown the intentions of wanting to switch to a permanent status (i.e. Green Card), while still in a temporary status (i.e. TN, H1, L1, F1, B1, etc). Only H1, and L1 visas explicitly allow for dual intent, and so people can extend their H1 and L1 visas while their I-485 is pending. TN, F1, and B1 statuses do not afford your the right you to extend your status while your I-485 is pending.

If you file the I-485 and the I-140 concurrently, and the I-140 is DENIED for any reason, then once your TN has expired, you are out of status, and you are no longer eligible for a new TN because you've shown immigrant intent. You can call it game over, and pack up and go back to Canada.

On the other hand, if all you filed is your I-140, and it gets denied, you can still apply for a new TN, and refile the I-140. Life goes on, and you learn from the mistakes you made on the I-140, and you try again.

Also, if you filed concurrently and the I-140 gets an RFE, and then I-485 can be put on "hold" thus causing a delay in getting the EAD, and AP. If the TN expires during this time, you would not be able to work. An example of this is the many people on this board that have received ability to pay issues for smaller companies, or education issues for EB2 cases. This situation almost happened to Chongyip (another TN status member on this board) but his EAD got approved just a week before his TN expired. The RFE took forever to get processed. Luck.... The risk is too high to take the chance.

Next, you could get your I-140 mistakenly transferred to a local office like Saras76 (another H1B member on this board). If you were on a TN in this scenario, you would be caught in the loop of trying to get your I-140 back to the service center, all the while your EAD may not get approved before your TN expires because nobody at USCIS wants to admit to having your file. Again, bad luck due to USCIS error. The risk is too high to take the chance.

The safe route in a TN scenario is NOT to file concurrently. I still highly recommend this to all TN holders trying to adjust status (if your priority date is even current in the first place). Otherwise you will not be able to work for a time period, or the worst case is (as originally stated in less frequent cases these days) you might be out of status, without the option to renew your TN.
 
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TN visa working in US

Hi,

I came to US December 2000 with TN permit visa and my lower told me right the way that in order to receive a GC I have to move my TN to H1 and only after that apply for GC.
I did everything she suggested and received my GC one year ago

Thanks
Elena

I485 EB2
RD 09/18/02
ND 10/18/02
1-st FP 11/22/02
2-d FP 08/10/04
3-d EAD 08/23/04
No RFE
AD - 09/30/04 - for me & my son
GC - March 2005

Unfortunately my husband's case still pending ( he is dependent)
 
I too, also changed from TN to H-1B before applying for the Green Card, The reason for this my lawyer said is to make things easier. BUT as you can see from curious George who DID NOT go the H-1B route it can be done from TN to GC directly. My lawyer also said it could be done but you must be careful in how you go about things. As Curious George makes very plain.
I would have saved a lot of time had I gone this route but I was playing by better safe then sorry. You got to make up your own mind how much risk you want to take, and determine if you are prepared for the possibility of having everything blow up in your face.
 
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