tn timelines and AOS

L

lisani

Registered Users (C)
I have a question regarding the application for GC. I can apply for GC base on my country of birth regardless after being in US for one year. I was planning to do that after renewing my first TN, but because the processing time is taking so long I would like to know, based on your experiences if is too risky to do the following.
1- Mail in the TN renewal and wait for the receipt notice so I could have the 240 days grace period and continue working.
2- Send the in the I-485 and the employment auth application after obtaining the receipt. That would give enough time because the EAD is
being processed way faster than the TNs.

This forum is great source of info, thanks to everone for your advice!
Lisa
 
lisani said:
I can apply for GC base on my country of birth regardless after being in US for one year.
Click to expand...

You're Cuban, I assume?

Send the in the I-485 and the employment auth application after obtaining the receipt. That would give enough time because the EAD is
being processed way faster than the TNs.
Click to expand...

Why not just wait until your TN is approved?
 
Hello RealCanadian:
Yes, I am Cuban born. Like you suggested I was planning to wait for the TN approval, but because it is taking so long (over 6 months) I am afraid I won't have enough time left on my TN in order to apply of for GC once I receive the new TN.
The EAD is taking 2-3 months to be processed, that is why I am trying to explore my options.
Sincerely,
Lisa
 
Last edited by a moderator:
your other option is to go to the border and get a new TN same day. that is what i did so that i didn't have to bear the long wait at VSC.
 
Hello Gunt:
I can't go to the border because it would have to leave the US and then re-entry and that would invalidate my 1 year waiting period and the time will start counting again. I have to remain a minimum of a year in the US in order to apply for GC.
Sincerely,
Lisa
 
How about paying for premium processing for your I-129 TN petition? You would get it approved in 2 weeksin exchange for $1000.

However, i think your plan of applying for I-485 after receiving the I-129 receipt notice is a perfectly fine idea. Though you should expect to wait 90 days for the EAD. The only problem that could arise is that for some reason your I-129 is denied BEFORE you receive your EAD. your I-129 will definately be denied anyway as you have applied for AOS, but if it is denied before the EAD is approved then you will not be able to work, however, you will still be in legal status.
 
Hi Gunt:
I know it is risky, but with the current timelines, I think t I have better chances with the employment auth been aproved before they process the I-129.
What do you guys think?
TIA,
lisa
 
lisani said:
Yes, I am Cuban born. Like you suggested I was planning to wait for the TN approval, but because it is taking so long (over 6 months) I am afraid I won't have enough time left on my TN in order to apply of for GC once I receive the new TN.
Click to expand...

Then file the TN renewal three months early, and you'll have plenty of time to file the I-485 once the TN is approved.
 
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