TN to EB2 GC with new interview requirement. Problems with Intent

A

AF111987

New Member
Hi all, I'm new to this forum and I was wondering if someone had gone through a similar situation as me and could shed some light, because quite honestly I've been losing sleep over this.
I'm a Canadian born EB2 GC applicant on TN status with 1 year and 3 months left on my TN. I've had my I-140 approved and filed I-140 and I-485 concurrently. I've already received my EAD/AP combo card, and I'm currently in the process of waiting for my interview (or RFE) notice after being transferred to the NBC in Lee Summit.
My question is, with the new interview requirement for employment based GCs, what is the likelihood that the interviewing officer could allege preconceived intent on the basis that I filed I-485 while on a non-immigrant status? I know with the 90 day rule, it is less likely to allege fraud when it comes to AOS, and I was careful to file AOS until well after 90 days since my TN extension.
I'm just curious if anyone had gone through the employment based interview while adjusting from a non-immigrant status. Thank you!
 
This is certainly a unique situation as interview is now a requirement. A friend of mine recently went from TN to H1 to GC (via EB interview). Of course with H1, one can have dual intent but his interview was very straight fwd (literally just few minutes). IMO, as long as your docs are in order, this likely wont come up but you might want to talk to your lawyer also for a satisfactory answer in case this were to come up.
 
There is nothing to worry about. You are allowed to file for GC while in a non-immigrant status (otherwise who would be able to file AOS other than H and L?).
As long as you meet the 90-day rule in which you neither applied for TN, nor entered the country on TN, you have nothing to worry about.

And even if you did, as Mister said, it is still unlikely to ccome up, unless you show periods of being out-of-status.
 
Thank you so much! Definitely helps put my mind at ease. Will report back after I'm done with my interview.
 
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