TN to GC: When to file I140 and I485

[jamister]

Here is my situation. I just got the news that my PERM has been approved. The deadline for filing I140 is mid August. My TN will expire at the end of July. How should I proceed at this point?

Option 1:
Renew my TN via mail next month. Once my TN is renewed, submit I140 and I485 concurrently.

Option 2:
Submit I140 immediately. Renew my TN via mail next month. Wait until my TN is renewed before submitting I485.

Any advice is greatly appreciated.

 

[nelsona]

First question: are you even eligible to file I-485? Unless you are Eb2 or EB1, you can't file I-485 right now. You didn't say.

I would submit I-140 AND renew TN by mail as soon as possible (using premium processing) and then 45 days after getting TN, submit I-485, if allowed. This removes any accusation of fraudulent TN, assuming you've stayed in US during the intervening time.

OR, if I was allowed to file I-485 right now, I would be doing do in the next 3-4 weeks, which would give plenty time to get EAD/AP before TN expires, and not bother with TN renewal. End of march filing is your limit.

Then stay in US until EAD/AP are approved.

 

[jamister]

I am under EB2 so I could file I485 immediately. My concern is whether or not I have enough time to get the EAD before my TN expire. If I file both I140 and I485 by the end of March, I will only have 4 months left on my TN. Would that be enough? What are my options once my TN expires?

 

[nelsona]

That is whey I said you need to file before end of march IF you don't want to renew TN.
If you file sooner you are almost guaranteed to get EAD by end of July, and bu end of June you can go to local office and demand they get you yours by end of july.

If instead you wish to renew TN, then you must do as i outlined above, remembering to wait until aytleast 45 days after TN approval to submit I-485.


We have always advised that one have between 4-6 months left on TN at the moment you file I-485.

Doesn't this fit your case?

Your only other option, if for some reason you don't get your EAD in time, is to file I-129 on the last day beofr TN expires, (NOT premium processing) and then work in your grace period while waiting for EAD which will come before TN is denied.

 

[TNDV2008]

Ha! Ha!

... file I-129 on the last day beofr TN expires, (NOT premium processing) and then work in your grace period while waiting for EAD which will come before TN is denied.

I like this "little known" technicality...found in this legal INS section 8 C.F.R. §274a.12(b)(20).

FYI...this citation allows for an automatic 240 day extension of your work authorization as long as an extension is timely filed.

 

[jamister]

I would prefer not to renew my TN if possible. However, I also don't want to run out of time on my TN while waiting for the EAD.

Do you know if INS would renew a TN via mail with five months left to go?

 

[TNDV2008]

Do you know if INS would renew a TN via mail with five months left to go?

In the past I have (or the lawyers in this case) have sent my application 3 months left. I believe that the INS will use the expiry date of your current TN as the start date of the new TN...so you will not lose any time.

The question is...Will your employer see it from the same angle? and as such, prepare another TN-specific letter so early (5 months early)?? You may have to make good friends in HR for this....

Or explain this to whichever legal team u have, if you used any.

 

[nelsona]

I like this "little known" technicality...found in this legal INS section 8 C.F.R. §274a.12(b)(20).

FYI...this citation allows for an automatic 240 day extension of your work authorization as long as an extension is timely filed.

We all know about it.


BTW, remeber that the petition must be non-frivolous, which technically means not filed under the knowledge that it wil be denied. So for the situation we are talking about, this is grey area.

 

[TNDV2008]

Lol!!

We all know about it.

I assume that by you saying "We", here, implies those of us who are no longer newbies....

My comment was aimed at newbies who might be inclined to not believe that section 8 C.F.R. §274a.12(b)(20) exists. They are usually the ones with the most look.