LC approved - what's next

D

Dana2592

Registered Users (C)
My LC was certified on August 31 and I got a notice two weeks ago. I know that I have to apply for I-140 (actually my emplorer does it) and I-485/765.

However I am on Tn-1 visa which expires on November 20, 2006. Should I apply for extension of TN first? I am aware that it takes up to 5 months to get EAD approved and since I have less than 2 months left on TN-1 it wouldn't give me enough time.

I know that presently there is no expiration on approved LC but there are some proposed changes.

I am ultimately confused.

What is the priority date and how to find out if mine is current?
 
1) File for the I-140.
2) Do not file the I-485/EAD/AP yet!
3) File for a TN extension via mail before the current one expires. Although the old TN will expire, by law you will be granted a 240 day extension while the new TN application is pending. You cannot travel on this extension, but you can continue to work.
4) Inthe meantime, make sure you satisfy ALL and ANY RFE's you get from the I-140.
5) Continue to renew your TN in a timely fashion during all of this via mail.
6) When your I-140 is approved, file one more extension for your TN.
7) If you have an approved I-140 AND you have a TN good for 1 more year, then and ONLY then should you file for the I-485/EAD/AP, and no sooner, or else you may have problems later!
8) Do not travel after you've filed the I-485, and before you recieved the AP!!!
9) Once you've filed the I-485/EAD/AP you should never file for a TN ever again. You will use your EAD and AP to work and travel when they arrive in the mail. Since you had a year on your TN in step 6 above, you will get the EAD in time before the TN expires.

Read the first 2 posts on this thread:
http://www.immigrationportal.com/showthread.php?t=152852

It should tell you about 98% of what you want to know.
 
Thanks. I feel much better now.

Can you tell me also some more about RFE?

I hold a master's degree and I work for the municipal government. Do you think my employer will be maybe less scrutinized than a privately owned business?
 
a (R)equest (F)or (E)vidence is issued when the USCIS needs more information to corroborate or clarify something in your file. You have a very limited amount of time to produce the evidence and respond via mail. Occasionally, some people get multiple RFE's in sequence, thus delaying the case even more. When you respond to an RFE, the USCIS then needs to take the time to review the evidence, and there is no concrete timeframe for this review. With all of these variables, it’s often difficult to know for sure how long a particular I-140 would take. There for it is advised to satisfy all RFE's and make sure the I-140 is approved prior to applying for the I-485, since once you file for I-485, you won't be able to extend your TN any more.

If one was to apply for the I-140 and the I-485 at the same time, and many RFE's were issued, and the TN to eventually expires, since the I-485 has already been filed, and your EAD would not get apprved if there are pending RFE's and you would not be able to get a new TN you would then need to take a leave of absence.

This is all explained in the post I reffered to above.

Neither the size of the company, nor the sector of business really makes a difference, as long as they can show they have enough money to pay you.
 
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