TN --> GC Step 3

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Byteless

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now finally got my 140 approved.
Have 5 month left in my current TN.

I guess lawyer will take another month to prepare application for 485.

Question: 4 months are good to apply 485+EAD+AP on my current TN?

If I send my mail-in TN aren't they question that why I need to apply that early?

If I goto the border can't they question why to renew when u have 4 moths left?

What is the best approach at this point? should I wait couple of months to apply for 485?

My current TN expiring in the last week of Feb 2009

thanks
 
You can forget the border;its way too early. As for mail-in it's perfectly fine to do it now.

I might suggest Premium processing, though, just to get it off the books by the time your I-485 is submitted.
 
so you still think that 4 months are not good enough to get EAD?
What if my lawyer ready to submit 485 in the next 2 weeks, still its short time?

Are you suggesting that I should get the mail-in TN (ofcrouse TDs as well) through premium processing before submitting 485?

My understanding is that once 485 submitted you will be automatically on 485 pending status, so applying TDs necessary?
 
I think 4 months is too tight, especially that you have not yet submitted the I-485.

I would submit I-129 within the next couple of weeks, get that back by 1st week of October and then submit I-485 for the whole family.

There is no point submitting I-539 (and you can't premium anyways) since they will be in parolee status the instant their I-485 is submitted, which is just as good/bad as TD. They (and you) can't travel until they get AP anyways.
 
I did concurrent filing with 5 months left on my TN. I think I got my EAD in about 7 weeks. I was a bit nervous about not renewing my TN, but I did not want to delay my GC application any longer. In the end, I got my GC before my TN was expire.
 
jamister said:
I did concurrent filing with 5 months left on my TN. I think I got my EAD in about 7 weeks. I was a bit nervous about not renewing my TN, but I did not want to delay my GC application any longer. In the end, I got my GC before my TN was expire.
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Thanks for the info, where did you send your applicaiton? VSC or TSC?
Anyway to know how long usually it takes to get EAD from TSC?
 
Isn't if one files AOS(i-485) after the approval of i-140,then EAD gets approved within 90 days of filing AOS.

But When one files concurrently(i-140/485/ap/EAD),then he/she gets EAD within 90 days of concurrent filing.

In my case 90 days after filling AOS.
 
Whether you file I-485 by itself or concurrently with I-140, the 'guarantee' from USCIS is that you will have EAD in 90 days.


This guarantee however only applies if no RFEs on the I-485 are identified in the meantime. The I-485 that is filed concurrently may not be scrutinized so closely since it isn't going to lead to an immediate GC (there is the intervening I-140 approval period) so I would think that concurrently filed I-485s get their EAD a little faster.


You said your lawyer is not ready today to file I-485, but you should be ready today to file I-129, so I would be doing this first.
 
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nelsona said:
Whether you file I-485 by itself or concurrently with I-140, the 'guarantee' from USCIS is that you will have EAD in 90 days.


This guarantee however only applies if no RFEs on the I-485 are identified in the meantime. The I-485 that is filed concurrently may not be scrutinized so closely since it isn't going to lead to an immediate GC (there is the intervening I-140 approval period) so I would think that concurrently filed I-485s get their EAD a little faster.


You said your lawyer is not ready today to file I-485, but you should be ready today to file I-129, so I would be doing this first.
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I think I get your point.
for the safe side I will be filing 129 this week.

Once again thanks Nelson..
 
There is no issue using the company's check to pay 129 filing fee, correct?
Is that suppose to be 2 check 129 fee and premium fee? or I can just use the total in one check?
 
Shyboy said:
Thanks for the info, where did you send your applicaiton? VSC or TSC?
Anyway to know how long usually it takes to get EAD from TSC?
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My application was submitted to NSC. A friend of mine submitted his I140/I485 to TSC and got his EAD after about 8 weeks. Sounds like you are going to renew your TN first, which is really not a bad idea. You are almost there!
 
I think I will move without applying TN and have my 485 filed by Oct 10 (My current TN expiring on FEB 10, 2009).

That will give me 4 months and I will get the EAD before that, if something goes wrong then I will take" leave without pay".

I don't want to renew TN at this point because I saw nelson said on the other thread that someone who get TN should wait at least 45 days before applying 485.

so rather than waiting 2 months more (15 days for premium TN and 45 days to wait). I would go ahead and file my 485 and will see what happen.

Please suggest if I overlooked something.

thanks,
 
I inquire from my lawyer about filing the mail-in TN before applying 485. this is what he said
There is no need to renew your TN. It will do you no good.

You can not have TN status with a Permanent Residence Application filing. That is not acceptable to the USCIS as it shows "dual intent."

What status you will be in once the Permanent Residence Application is filed is called "Adjustment Status."

You will have TN status to the time we file the PR application AFTER that time, you will be in "Adjustment Status.
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I know as this is done by the curiousGeorge as well, and that what was recommended to do before filing the 485. I thought initially not to move with that route and have it my 485 with 4 months left on my TN, but later I thought and decided not to take risk and have it done by the company's lawyer. and the above is his response.

comments are welcome.
 
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Your lawyer is wrong. You will not LOSE TN when you file I-485, you will not be able to ENTER US, nor be able to RENEW TN.

There is a big difference.
 
well of course you will leave US without having AP on hand, and you will use that to re-enter.

What link I can send to my lawyer to prove that you will not loose the TN when you file 485?

Thanks once again Nelson..
 
EAD is the key. Submitting an I-485 does NOT change one's status. Otherwise all those with H status would become adjustees. They don't.
 
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