RFE for 485 for dependant primary 485 approved

S

satn123

New Member
Hi,
We received RFEs for proving validity of immigrant status from 1996 thru 2001.
Now, we are Canadian citizens and I used to work on the TN visa before switching to an H1B and my wife was a TD (dependant) She also got her own TN visa and then switched to an EAD when my I140 was approved.

Funny thing is I just got my 485 approval notice.
Now the thing is that we both renewed our passports twice and my wife unfortunately did not keep her old TD and TN I-94 stamps.

She still hasnt been approved. How do we proceed with her case? Do we just respond to her RFE stating that she was a TD and later a TN (she got letters from her employers stating that she did work on TNs for them). Will this be sufficient evidence?

Hoping for advice here.
Thanks,
 
I think you cannot apply for I-485 while you are on TN visa. I did not understand why your wife converted into TN visa when she has EAD/Pending AOS.

If it is not related this then it must be Medical.
 
satn123,
Please keep me posted on how your case turns out. I am in a similar situation.
I applied for I-485 while I was on TN satus. Then I later switched to EAD once the I-485 was filed. Lawyer said that I can never extend or apply for a TN ever again once the I-485 was filed because I have shown immigrant initent, and TN does not allow dual intent. I have been working on EAD ever since then. I also renewed my passport, and lost some of the long expired I-94 TN cards that I had before I started the I-485 process. I am not sure what will happen to me if they ask for a status check before I filed I-485. Nobody told me to keep the expired I-94 cards. Hell, that's why they are expired!

Tammy2,
You CAN apply for I-485 while you are on a TN, but you CANNOT apply for or extend your TN once the I-140/I-485 is filed. TN does not allow dual intent which means you cannot show immigrant intnet while applying for a TN. Any application for a TN would be denied while a I-485 is pending, but not the other way around.
 
Last edited by a moderator:
curiousGeorge said:
satn123,
Please keep me posted on how your case turns out. I am in a similar situation.
I applied for I-485 while I was on TN satus. Then I later switched to EAD once the I-485 was filed. Lawyer said that I can never extend or apply for a TN ever again once the I-485 was filed because I have shown immigrant initent, and TN does not allow dual intent. I have been working on EAD ever since then. I also renewed my passport, and lost some of the long expired I-94 TN cards that I had before I started the I-485 process. I am not sure what will happen to me if they ask for a status check before I filed I-485. Nobody told me to keep the expired I-94 cards. Hell, that's why they are expired!

I got my passport stamped today, along with my daughters. Wife is still waiting on RFE. You are right, she was on the TN until we filed for 485 then she switched to an EAD.

We are just thinking of sending an affidavit and her past employer's letters to prove that she was working on a valid TN. As for the TD, we will just declare that we do not have the I94 stamps as proof since we renewed the passports twice.

Will post updates when we find out more.



Tammy2,
You CAN apply for I-485 while you are on a TN, but you CANNOT apply for or extend your TN once the I-140/I-485 is filed. TN does not allow dual intent which means you cannot show immigrant intnet while applying for a TN. Any application for a TN would be denied while a I-485 is pending, but not the other way around.
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