Hypothetical: I-485 denial on a TN

[help__seeker]

Happy New Year, nelsona.

Let's say that one has a TN with an approved I-140 NIW that went 6+ months without being withdrawn/revoked. Then one day, a subsequent I-485 application (via AOS) is denied. Is it true that the TN would still continue to be valid until its expiry, assuming that EAD wasn't used/activated (since it would then become invalid on I-485 denial), and that the I-485 could be re-filed any number of times (even after the TN expires and TN can't be applied for anymore) since the I-140 remained approved 6+ months with a priority date in the past.

I was also reading somewhere that the Consular processing option for I-485 was recommended (re: intent while in home country) if holding a TN, over AOS (conflicting intent in US, despite the 90-day rule).

 

[newacct]

Then one day, a subsequent I-485 application (via AOS) is denied.

Why would it be denied?

Is it true that the TN would still continue to be valid until its expiry, assuming that EAD wasn't used/activated (since it would then become invalid on I-485 denial)

Yes

and that the I-485 could be re-filed any number of times (even after the TN expires and TN can't be applied for anymore) since the I-140 remained approved 6+ months with a priority date in the past.

You need to be in status, or have been out of status for no more than 180 days, at the time you file I-485.

 

[help__seeker]

There could be any number of reasons for I-485 denials these days - even simple administrative errors.
I guess Consular Processing could be another later option after I-485 re-filing, where a past I-140 approval (that lasted for >6 months) remains respected.

 

[nelsona]

Just to be clear: AOS is I-485. For CP one doesn't file an I-485. If you do file an I-485 (which hasn't been denied) or if you indicated AOS on your I-140, and then want to switch to CP, then you have to file an I-842 to redirect your case to CP.

 

[controlsauce]

Happy New Year, nelsona.

Let's say that one has a TN with an approved I-140 NIW that went 6+ months without being withdrawn/revoked. Then one day, a subsequent I-485 application (via AOS) is denied. Is it true that the TN would still continue to be valid until its expiry, assuming that EAD wasn't used/activated (since it would then become invalid on I-485 denial), and that the I-485 could be re-filed any number of times (even after the TN expires and TN can't be applied for anymore) since the I-140 remained approved 6+ months with a priority date in the past.

I was also reading somewhere that the Consular processing option for I-485 was recommended (re: intent while in home country) if holding a TN, over AOS (conflicting intent in US, despite the 90-day rule). I recently tried using Insta Pro APK and it’s quite impressive for those who want extra Instagram features. The interface feels similar to the original app, so it’s easy to navigate. With insta pro apk, you get options like downloading stories, viewing full-size profile pictures, and customizing themes. I found it convenient for managing multiple accounts without switching constantly. Just make sure to download it from a trusted source to avoid security issues. Overall, it’s a handy tool for anyone looking for more flexibility than the standard Instagram app.

Yes, a TN visa generally remains valid until its expiration even if a subsequent I-485 is denied, as long as the EAD wasn’t used or activated. You can refile the I-485 multiple times as long as the I-140 remains approved and your priority date is current, even if the TN expires. Many attorneys recommend consular processing for TN holders rather than AOS to avoid potential conflicts regarding nonimmigrant intent while in the U.S.