Will I-485 affect my TN?

Y

yanpz

Registered Users (C)
My husband is the main applicant of green card. He submitted I-140 in March or April 2007, we just heard the news that I-485's date is concurrent now. I am a Canadian, and he is not. He's using H1B now, while I'm using TN. Last time when I renewed my TN was Jan 24, 2007, which means I will have to go to renew it again on Jan 23, 2008. If my husband file I-485 now, and if it's not approved by Jan 23, 2008, am I able to get TN renewed on Jan 23, 2008? If I try to do so, is it possible that INS will reject the I-485 because I try to get TN renewed? I know if I'm the main applicant, that's definitely not possible to get TN renewed and may cause I-485 some trouble.... Since I'm the dependent, is it the same case?

Thank you!
 
When you husband files I-485, you will also file I-485 as a dependent of his based on his approved I-140. At that point, you will be unable to renew your TN, should it expire before your I-485 has been approved.

You could file for a renewal of your TN now and its application will have no bearing on whether or not the I-485 is approved. The causality only runs one direction. However, you may have trouble renewing the TN right now with so much time left on your existing one. If you can change the TN letter so that the position is slightly different (has a different title - promotion), it would help.

THe best course of action you and your husband should follow is for each of you to immediately file I-485 as well as Advanced Parole & Employment Authorization. AP & EAD will allow you to re-enter the US as well as work in the US while your I-485 is pending. AP & EAD are valid for 1 year and are renewable if needed. With AP & EAD in hand, you will no longer need the TN, so there is no worries about TN renewal at all. It takes a max of 90 days for AP & EAD to be approved. So after you file, you will have to remain in the US at least 90 days or less until you receive both documents. Of course during that waiting period you can work as well because your TN is valid until Jan08 which is more than 90 days from now. If you were to wait until Dec07 to file 485/AP/EAD there might be a chance that AP/EAD would not be approved before the TN expired.
 
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pending 140...

Thank you so much for timely advice!

Some threads said we don't have to wait for I-140 to be approved to file I-485, some said we have to wait for that approval. Anyone can clarify this?

Thank you!
 
yanpz said:
Thank you so much for timely advice!

Some threads said we don't have to wait for I-140 to be approved to file I-485, some said we have to wait for that approval. Anyone can clarify this?

Thank you!
Click to expand...


You do not have to wait for the I-140 approval. If your PD is current and I-140 still pending, you can go ahead and file your I-485.
 
Thank you!

Thank you so much! We will go ahead to file 485, EAD, & AP. Good luck to every one here!
 
bigboy00 please be careful with your advice. Her TN expires in Jan 08 and once they apply for 485, she will also have a hard time crossing the border on a TN. Not to mention renewing it!

IMHO, they should wait for 140 to be approved and then she should try to renew her TN so she can work until she gets an EAD card. After renewing TN, they can apply safely for 485/EAD/AP. This is the most recommended course of actions for someone who is on TN.
 
CanadianKam said:
bigboy00 please be careful with your advice. Her TN expires in Jan 08 and once they apply for 485, she will also have a hard time crossing the border on a TN. Not to mention renewing it!

IMHO, they should wait for 140 to be approved and then she should try to renew her TN so she can work until she gets an EAD card. After renewing TN, they can apply safely for 485/EAD/AP. This is the most recommended course of actions for someone who is on TN.
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you are totally wrong!!!that's why you are applying for AP so that you can come back to US by presenting it at the border as 'AOS pending status".

About the I-140 being pending, as long as you know that your I140 is a strong case, why wait for its approval? Just go ahead and apply concurrently.
I did the same as my TN will expire in Aug 2008.
 
CanadianKam said:
bigboy00 please be careful with your advice. Her TN expires in Jan 08 and once they apply for 485, she will also have a hard time crossing the border on a TN. Not to mention renewing it!

IMHO, they should wait for 140 to be approved and then she should try to renew her TN so she can work until she gets an EAD card. After renewing TN, they can apply safely for 485/EAD/AP. This is the most recommended course of actions for someone who is on TN.
Click to expand...

CanadianKam,

I was correct in advising. I answered the question that was asked. The timing related things (TN/EAD/AP) are already answerd at the beginning of this thread by Gunt.
 
Ead & Ap

I shouldn't have any problem if I don't travel at all, right? Both my husband and I live and work in Michigan. I have no plan to go anywhere outside Michigan in near future.... So as far as I can get EAD before Jan 23 2008, it's totally fine. Otherwise, I will simply quit the job or take an unpaid leave for a few months (I'm hoping that I won't have to do that).... That brings another question, Canadian citizens may stay in US indefinitely without visa or status as far as they don't work for anybody, right?

Thank you all!
 
What you all are forgetting is: What if she does not get her EAD card by Jan 08? She won't be able to work!

deland70: your case is different from hers as you already mentioned. Your TN expires Aug 08. You have a very high chance of getting your EAD card by then. yanpz's TN expires Jan 08. A hell of a difference! BTW, how in the world did you get a TN that expires Aug 08 anyway?!!!!!

Renewing TN right before applying for 485 is "the safest" way so you can secure 1 year of employment and being in status. Read the other threads about the path from TN to GC.
 
As long as you don't leave the US before your AP & EAD are approved, you will be fine.

You second question about Canadians living in the US without a visa or status as long as they don't work is incorrect. When Canadians are admited to the US as visitors, although they don't receive a visa stamp, they are in fact admited under B-2 visitor visa status. The duration of the status is the amount of time you told the border guard you would be in the US.

If you are a Canadian and you are admited to the US on a visa or status, such as TN, and you over stay past the expiry date, then you are in violation of USCIS rules. If you stay more than 180 days out of status, you may be subject to a ban of entry into the US the next time you try to enter. It will also cause problems for any other immigration/visas you wish to acquire from USCIS.
 
May I renew TN and file 485/EAD at same time?

Yeah I know it's kind of risky to file 485 now, but the visa bulletin said it's quite possible to "retrogress severely" later of this year or in 2008. I don't want to lose the chance to get GC so quickly because of the risk losing legal work status. Is it possible to use mail to renew TN and file 485 at same time? I know the border officers in Detroit that I dealt with for 2 years for TN, they won't give me a new TN now unless I change job. It's a little hard to "twist" around my job title which is "Accountant" to use "promotion" as reason to get new TN... Using mail to renew TN need some time, if we can do renewing and 485 at same time, that will be great... or I will just take my chance betting I will get EAD before Jan 23 2008.
 
Thank you all so much for advising me and correcting my mistakes!!! I will transfer to H4 and quit job if I can't get EAD before Jan 2008.
 
yanpz said:
I shouldn't have any problem if I don't travel at all, right? Both my husband and I live and work in Michigan. I have no plan to go anywhere outside Michigan in near future.... So as far as I can get EAD before Jan 23 2008, it's totally fine. Otherwise, I will simply quit the job or take an unpaid leave for a few months (I'm hoping that I won't have to do that).... That brings another question, Canadian citizens may stay in US indefinitely without visa or status as far as they don't work for anybody, right?

Thank you all!
Click to expand...

This site is getting slower and slower everyday. They need a new server!

Anyway, you got the point: the key thing is have an EAD card before Jan 08.

Also, you cannot travel once you file for 485/EAD/AP until you get AP, no matter when you apply.

About staying indefinitely in the US as a Canadian tourist: wrong! There is a time limit. (Even snowbirds don't get more than 6 months, I guess). But once you apply for 485, you don't have to worry about your status.
 
If you want answer from USCIS about the I-140 petition, just send them the Premium Processing form and the extra money. You will get the I-140 adjudicated in 2 weeks or less. Then you will know if you should file I-485 or not.

You can file the TN main-in renewal now if you want, but it might not be adjudicated for 6 month as USCIS is jammed up with H1B applications.
 
yanpz said:
Thank you all so much for advising me and correcting my mistakes!!! I will transfer to H4 and quit job if I can't get EAD before Jan 2008.
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That is a personal choice. Losing your job for the fear of retrogression issues! Your case is getting more and more complicated. I am not sure if you can go on H4 after filing 485. Somebody with knowledge about post-485 please comment on this.

Doesn't your husband have an immigration lawyer paid either by him or by his employer? Get the lawyer involved and get his advice too. They get paid big bucks so get your money's worth.
 
lawyer

My husband's lawyer was hired by his employer (and paid by his employer too), so the lawyer is quick on moving forward his case, but never answer any of our questions so far. That's why we decided to go ahead to file 485/EAD, then deal with any potential problems once they pop up. As Gunt said, even if I apply to extend TN now by mail, it may not get approved in 6 months due to H1B jamming up.

I greatly appreciate everyone in this forum answering my questions, giving me suggestions and correcting my mistakes. I will just cross my fingers and hope for the best.

Thank you!!! :)
 
yanpz said:
Thank you all so much for advising me and correcting my mistakes!!! I will transfer to H4 and quit job if I can't get EAD before Jan 2008.
Click to expand...

That is a personal choice. Sacrificing your job for the fear of retrogression issues! Your case is getting more and more complicated. I am not sure if you can go on H4 after filing 485. Somebody with knowledge about post-485 please comment on this.

Doesn't your husband have an immigration lawyer paid either by him or by his employer? Get the lawyer involved and get his advice too. They get paid big bucks so get your money's worth.
 
Hi Friends,

My case is very similar. Only difference is that my TN will expire in late Sept07, So I am going to mail out the TN renewal now before the I-485 filed. My question to you is, do I need to do a premium processing to renew the TN, to get the TN extension approval before file I-485? Or it is ok to do a normal renewal(which might take 2-5 months), as long as I file the TN renewal befoe my husband's company file the I-485 for us?

Thanks a lot
 
The key point isn't which of the applications (TN renewal or 485) you submit first, but rather the order in which the two applications are adjudicated. If you submit the TN renewal (I-129) now, then a week later submit 485 one of the following will happen:
1. TN is renewed before the 485 application even arrives at USCIS, in which case you have no worries.
2. TN is adjudicated in sometime before Sept07 and is denied because of the 485 application. You would then be able to remain in the US because of pending 485, but you would be unable to work or re-enter if you happen to leave. You would need EAD & AP to work and re-enter.
3. TN is adjudicated after Sept07, say Dec07. You would be able to work up until the TN is denied even after the current TN has expired because you have a pending TN and that was submitted before the current TN expired. YOu would have up to 240 days of grace after the expiry of the current TN. However, once the petition is denied you will be unable to work or re-enter without EAD & AP.
 
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