TN renewal pening, EAD rec'd

T

TiggerW

Registered Users (C)
Hi Nelson and Forum Friends,

I received my EAD card(my husband’s company filed I-485 for our family in July07). The EAD card is valid from 10/02/07 to 10/01/08.
But, I have a pending TN renewal, it was submitted by my company in mid. June07. The TN was expired on 09/24/07, but I am still working since the TN status shows it is pending and our HR knows there are 5 months of grace period. My question is: Should I give a copy of my EAD to our HR since I received it before the TN approval?

Thanks
 
Its up to you. If your TN renewal is denied, at that point you would have to use EAD.

If you choose to go on EAD now, I would then submit a cancellation request for the I-129 I submitted, and remain on EAD.

But, since you cannot enter US ever again on TN, it is time to get off the TN and go to EAD and AP.
 
I thought you actually had to have the TN approval in hand to continue working. Working on a "pending" TN renewal is working without USCIS authorization, isn't it? I didn't think the TN renewal worked the same as the H1-B in terms of being able to work while the renewal was pending.

Either way - you should go ahead and start to use the EAD and get your AP as soon as you can. And don't leave the US without your AP, as nelsona said, you can't enter on your TN ever again.
 
TNguy78 said:
I thought you actually had to have the TN approval in hand to continue working. Working on a "pending" TN renewal is working without USCIS authorization, isn't it? I didn't think the TN renewal worked the same as the H1-B in terms of being able to work while the renewal was pending.
Click to expand...


There is a 240 day grace period. You can continue working during this grace period if your TN renewal application is received by the USCIS before the expiry of your existing TN.
 
I want to use EAD, but do I have to cancel the TN renewal application? Is it a lot of trouble?
Also, If I cancel the renwal application, then what is my status for these days that TN expired and EAD not started. About a week.

Thanks
 
Your legal work status would still be "pending TN".

You do not "have to" cancel the I-129 once you go on EAD. It just avoids any future confusion, since if your TN is denied you are presumed to have to leave US (which of course you would not have to do because you have a pending I-485).

Cancelling an I-129 is simply writing a letter. I would do it.
 
I think you can handle it, no? It would be the same as if you went to the border to get a new TN after you old one expired but before your renewal was processed. You would send a letter to the Service Center handling your case to cancel that case to avoid any unwanted consequences from a denial.
 
Last edited by a moderator:
You must log in or register to reply here.
Top