Is this good enough to prove to him that I can adjust status from TN to GC?
The following 2 quotes should be enough to convey the message that TN status can apply for an I-140:
"The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN status] if the alien’s intent is to remain in the United States temporarily. Nevertheless, because the Service must evaluate each application on a case-by-case basis with regard to the alien’s intent, this factor may be taken into consideration along with other relevant factors every time that a TN nonimmigrant applies for admission, readmission or a new extension of stay. Therefore, while it is our opinion that a TN nonimmigrant may apply for readmission in the TN classification, if the inspecting officer determines that the individual has abandoned his or her temporary intent, that individual’s application for admission as a TN nonimmigrant may be refused."
Letter from Yvonne M. LaFleur, Chief, INS Business & Trade Services Branch
(posted on AILA InfoNet as “I-140 Filing Not Dispositive for TN” (June 18, 1996)).
"After considerable discussion between the Nebraska Service Center and AILA's NSC Liaison Committee, the NSC now indicates that the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial. The NSC, which has exclusive jurisdiction over TN applications made on Form I-129, had previously indicated that NSC adjudicators were being told to deny TN applications if an I-140 immigrant petition has been filed on the individual's behalf. The basis of the denial had been that the individual no longer has nonimmigrant intent."
AILA InfoNet, “NSC Backs Off I-140/TN Policy Change” (posted on AILA InfoNet at Doc. No. 02111431 (Nov. 14, 2002).
As for what happens when you've applied for I-485? Once the I-485 is filed, you will remain in TN/TD status until one of the following happens:
a)
Your TN expires. You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
b)
Your spouse or children’s TD expires but your TN has not. They are now in AOS Pending status, depending on which one expired. They should use their EAD and AP accordingly.
c)
You leave the US and reenter using your AP (Note: you cannot reenter using your TN). You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
d)
Either your son/daughter or your wife leave the US and reenter using their AP, but you are not with them on the trip. They are now in AOS Pending status. They should use their EAD and AP accordingly. You are still in TN status.
e)
You use your EAD to work at a different job, or at a secondary job. You and your family are all in AOS Pending status now. Use your EAD and AP accordingly.
f)
Your spouse uses her EAD to work. She is in AOS Pending status now. (S)he should remember to use her AP instead of her TD when traveling. You are still on TN status.
g) Y
ou present your EAD to your current employer and file a new I-9. You and your family are all in AOS Pending status now.
h) You get laid off or quit without a new job lined up. You and your family are all in AOS Pending status now. Your family needs to use their EADs accordingly, and you all need to use an AP to travel instead of your TN/TD.
i)
Your I-485 gets approved together with your family. You are now in permanent resident status. You and your family will use their Green Cards to travel.
