Pending I-485: what is my status

R

rudedog

New Member
Say I am working in the US on TN status and file I-140/I-485 simultaneously (along with AP/EAD apps). After I get the AP/EAD but before the I-140 or I-485 are processed, my TN expires. At this point, what is my status in the US?

My lawyer says that I will no longer be in any legal status, and she says I should get an H1-B in order to maintain my legal status while the I-485 is being processed. Is this true?
 
rudedog said:
My lawyer says that I will no longer be in any legal status, and she says I should get an H1-B in order to maintain my legal status while the I-485 is being processed. Is this true?
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Quite surprising lawyer said that.
You have I485 pending which gives you "authorized stay". To work, you need EAD.
 
rudedog said:
My lawyer says that I will no longer be in any legal status, and she says I should get an H1-B in order to maintain my legal status while the I-485 is being processed. Is this true?
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The only true statement is that your lawyer is an idiot, and for your sake I hope you find competent legal counsel as soon as possible.
 
not only an idiot, but trying to make money out of you, ask him to go to hell

TheRealCanadian said:
The only true statement is that your lawyer is an idiot, and for your sake I hope you find competent legal counsel as soon as possible.
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You're lawyer is damn wrong. If you've filed your I-485, and your TN expires, you'll be in "I-485 pending status" a.k.a. "AOS". You'll have to use your EAD to work, and show your AP upon re-entry to the US.
 
If you already got your EAD then you're okay to work as your I485 is pending and you're legal. Even if you don't have EAD approved and have 485 pending you are still legal, but cannot work.

As others suggested, terminate/replace this lawyer. She adviced you to apply for H1. So she can make some more money out of you?
 
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