followup to previous question. TN-1

grncrdskr

Registered Users (C)
Thank you in advance for reading my question. This is a followup to my previous forum submission which Nelsona and few others answered. I will start with my brief history of my status and I will followup with my questions.

I-140 approved and I-485 EB3-ROW pending more than 180 days. March 2008 submitter of I-485.

Successfully renewed TN-1 with a 3 year extension.

I am planning to go get married in Asia. Since I am also more than 180 days pending, I am also looking to use my EAD to switch jobs as layoffs are imminent. I am planning to bring my spouse back to USA using TD. My questions are?

1) Can I travel to Asia using my TN-1? I also have an approved AP.
2) Will Using my EAD cancel my TN-1? I have my EAD card.
3) Will using my AP cancel my TN-1? If they refuse my entry using TN-1 then I can show my AP.
4) I will be applying the TD abroad for my spouse and she can travel to the US. If I travel back before she does with my AP will this cancel my TN-1 and her TD application abroad.

Please provide some answers so I can use the best scenario to get married and move on with my life while I wait for my GC. Thank you in advance.
 
1) Can I travel to Asia using my TN-1? I also have an approved AP.

Now that you have applied for I-485, you cannot use TN to re-enter the country. Use AP instead, to enter and then EAD to work.

2) Will Using my EAD cancel my TN-1? I have my EAD card.

-- TN will be useless (void) when you enter using the AP document. You will be refused entry using TN, if you try to do so.

3) Will using my AP cancel my TN-1? If they refuse my entry using TN-1 then I can show my AP.

-- see my response above.

4) I will be applying the TD abroad for my spouse and she can travel to the US. If I travel back before she does with my AP will this cancel my TN-1 and her TD application abroad.

-- I do not think she will be able to get TD - or in other words, even if she gets one, her status will be in jeopardy as soon as you lose your TN. Others will be able to answer this question better. Normally, people marry before filing for I-485 and then file it together.
 
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