legal employment running out

[Reme]

I am currently working in America on a TN1 Visa which expires on January 27, 2007. I was married in May 2006 and sent in my green card app (I-485,I-130,I-693,I-864) at the end of October. I did not send in an I-765, the authorization for employment.

In my app, I forgot to send in my wife's W2's, they notified me and I promptly got them in ASAP. It was received it Dec. 12, 2006.

My question, my TN1 work visa is expiring at the end of this month and I don't want to be in the country illegally, however, I don't want to spend the money on an I-765 if I don't have to (I'm poor). Should I just let my TN visa expire and hope I don't get caught, or is there enough of a grey zone where I would "fall through the crack" with my work status.

What kind of time frame am I looking at for the application to get an approval, with conditions of course?

Thanks for your time.

 

[TheRealCanadian]

Should I just let my TN visa expire and hope I don't get caught, or is there enough of a grey zone where I would "fall through the crack" with my work status.

Your I-485 will keep you in legal status until it is approved.

Out of curiosity, if you're poor, how do you plan to survive if your TN employer lays you off when your employment authorization ceases?

 

[Reme]

Your I-485 will keep you in legal status until it is approved.

But am I allowed to have employment without having an I-765 filed while the I-485 is processing? If no, how long does it take to get an efiled I-765 approved, generally......

Not that I am poor, its just I don't want to spend money unnecessarily.

 

[Al Southner]

read....

But am I allowed to have employment without having an I-765 filed while the I-485 is processing? If no, how long does it take to get an efiled I-765 approved, generally......

Not that I am poor, its just I don't want to spend money unnecessarily.

Reme,

No... once your visa expires, kiss your job good bye, unless of course you have an EAD. There is no grey area in which you can fall into to work, except with an approved EAD.

If you read the instructions on I-765, then you will know how long it takes for the EAD card to be issued. So, get to work, read and be informed...

Good luck...

 

[curiousGeorge]

But am I allowed to have employment without having an I-765 filed while the I-485 is processing? If no, how long does it take to get an efiled I-765 approved, generally......

Once you've filed for an I-485, you are no longer eligible to renew your TN. The TN was the document that allowed you to work. Now the I-485 reciept notice is the document that proves your status is AOS, and the approved EAD is the document that allows you to work. In addition, you should also get yourself an Advance Parole document in case you need to travel, since you won't be able to use your TN for that purpose either now. And very important, you should not travel outside of the US now, until your AP arrives, since that would void your whole I-485.

Keep in mind that between the time that your TN expires, and the time that your EAD arrives in the mail, you have no work permit, so you would need to take an unpaid leave of absence from your work until the EAD arrives.

 

[TheRealCanadian]

Keep in mind that between the time that your TN expires, and the time that your EAD arrives in the mail, you have no work permit, so you would need to take an unpaid leave of absence from your work until the EAD arrives.

As an Immediate Relative, there's no penalty for unauthorized employment; I'd be more concerned about the HR department noticing and terminating the job.

 

[Reme]

Thank you very much for all your info. I efiled my I-765 today, this seems to be the only route, we will see how it goes.

My wife and I are having a baby at the end of June, so this is just all formalities.