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alebrije

Adjustment of Status from Work Visa

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I am posting this question in behalf of my friend. She came on a TN visa 2 years ago and has been going out with a US citizen for the majority of that time. She just found out she is pregnant, so the couple is going ahead with getting married. The problem is her TN will expire on May 18, 2015 (two weeks from now) so there is no time to send the paperwork soon enough to not fall out of status. I have told her that even if she marries before her TN expires, she cannot keep working after the expiration date, not until she adjusts status and gets her Employment Authorization.

Now, the TN renewal is costly, and is ALSO a visa made out for no-immigration purposes... so what happens now? She can't renew, because now her intention IS to get married to her USC fiance -even though she also intends to keep working for that company, She can't adjust status quick enough to keep being able to work without falling out of status, and the idea of quitting her job now that they need the money more than ever seems like the only option, but that will leave them in trouble financially.

Any recommendations?


Spoiler
AOS
Day 0 (4/29/14) Petitions mailed (I-360, I-485, I-765) via Fedex
Day 2 (5/01/14) Petitions delivered to Chicago Lockbox
Day 9 (5/08/14) Received NOAs in the mail
Day 13 (5/12/14) Received biometrics appointment for 06/03/14
Day 35 (6/03/14) Biometrics in Houston TX
Day 48 (6/16/14) Received email & text notification of an interview on 8/12/14
Day 65 (7/03/14) EAD card production
Day 77 (7/15/14) Received EAD
Day 105 (8/12/14) Interview (Approved)
Day 111 (8/18/14) GC received in the mail
ROC
Day 0 (5/16/16) I-751 package sent via USPS Certified Priority Mail (3 lb 0.5 oz)
Day 1 (5/17/16) I-751 package received at CSC lockbox
Day 9 (5/25/16) Check appears as pending transaction-Check cashed
Day 39 (6/24/16) Call USCIS to open case inquiry
Day 73 (7/28/16) Received Biometrics Letter
Day 87 (8/11/16) Biometrics Appointment
Day 205 (12/2/16) I-751 Approved
Day 211 (12/8/16) GC received in the mail
N-400
Day 0 (5/23/17) N-400 package sent via Fedex
Day 10 (6/02/17) I-797C NOA Reject Notice - Outdated version of N-400
Day 11 (6/03/17) N-400 package sent via USPS
Day 15 (06/07/17) Credit Card charged USCIS fee
Day 20 (06/12/17) NOA received 
Day 24 (06/16/17) Biometrics Appointment Letter received
Day 36 (06/28/17) Biometrics Appointment
Day 51 (07/13/17) Online Status changed to "Interview was Scheduled"
Day 58 (07/20/17) Interview Letter arrived
Day 86 (08/17/17) Interview Date - Recommended for Approval
 
henna

 

 

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TN renewal is costly? I think it's $160 and can be renewed for up to 3 years with the appropriate company letter and documentation.

I got married in 2002 and was able to renew my TN visa with no issues until the last time in 2012.

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The company charges us $1600 per renewal, I know because I worked for them for a couple of years too.

Knowing that the renewal is not misrepresentation of any kind is good news though, thanks!


Spoiler
AOS
Day 0 (4/29/14) Petitions mailed (I-360, I-485, I-765) via Fedex
Day 2 (5/01/14) Petitions delivered to Chicago Lockbox
Day 9 (5/08/14) Received NOAs in the mail
Day 13 (5/12/14) Received biometrics appointment for 06/03/14
Day 35 (6/03/14) Biometrics in Houston TX
Day 48 (6/16/14) Received email & text notification of an interview on 8/12/14
Day 65 (7/03/14) EAD card production
Day 77 (7/15/14) Received EAD
Day 105 (8/12/14) Interview (Approved)
Day 111 (8/18/14) GC received in the mail
ROC
Day 0 (5/16/16) I-751 package sent via USPS Certified Priority Mail (3 lb 0.5 oz)
Day 1 (5/17/16) I-751 package received at CSC lockbox
Day 9 (5/25/16) Check appears as pending transaction-Check cashed
Day 39 (6/24/16) Call USCIS to open case inquiry
Day 73 (7/28/16) Received Biometrics Letter
Day 87 (8/11/16) Biometrics Appointment
Day 205 (12/2/16) I-751 Approved
Day 211 (12/8/16) GC received in the mail
N-400
Day 0 (5/23/17) N-400 package sent via Fedex
Day 10 (6/02/17) I-797C NOA Reject Notice - Outdated version of N-400
Day 11 (6/03/17) N-400 package sent via USPS
Day 15 (06/07/17) Credit Card charged USCIS fee
Day 20 (06/12/17) NOA received 
Day 24 (06/16/17) Biometrics Appointment Letter received
Day 36 (06/28/17) Biometrics Appointment
Day 51 (07/13/17) Online Status changed to "Interview was Scheduled"
Day 58 (07/20/17) Interview Letter arrived
Day 86 (08/17/17) Interview Date - Recommended for Approval
 
henna

 

 

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Interesting, I guess it's cheaper to do it yourself.

Whenever I would renew my TN visa, all I had to do was ask my company for a letter (on company letterhead) that verified my continued employment while stating my job/duties/salary and then visit Canada to renew the visa on my way back into the US. It was a good excuse to visit my family every year. The only fees were what CBP charged me ($50 annually, recently increased to $160 but renewable for 3 years now). My company never charged me for the letter, in fact I was always allowed to expense my TN visa fee afterwards.

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Your friend is in difficult spot.

TN visa only cost $160, as long as your company gives you original letter petitioning for 3 years. Along with company's financial statement, your resume, degrees. That you get at the border much faster than using adjustment of status within inside US.

With TN visa, you have to maintain temporary intention. H1 on the other hand, you can have dual intention.

Now it is totally legal to change intention while you are still in United States, by falling in love, or job sponsor you permanent employment based green card. But once the intention is changed, you can not re-enter United States using TN visa which meant temporary residence.

The best time to do such thing is when you have lot of time in your TN visa, and you don't exit US until you get a better visa (H1/H4, green card etc)

Now I would suggest you talk to an immigration lawyer, and ask for suggestion.


Category/Country: Employment-3rd/Pakistan (Since Birth place is Pakistan, citizenship Canada)
11/04/2013 ---- Start of the pre-process
10/28/2014 ---- PERM Filing Date/Priority Date
03/23/2015 ---- PERM Approved
04/07/2015 ---- I-140 Filed
04/16/2015 ---- I-140 Approved
04/20/2015 ---- RCMP Report: Sent documents to Windsor Police. Will pick up results before traveling to Montreal
04/27/2015 ---- USCIS sent to NVC
05/04/2015 (May the forth be with you :dancing: ) ---- NVC received
05/18/2015 ----
NVC case number assigned
05/20/2015 ---- NVC email received with invoice

05/28/2015 ---- IV fee sent by overnight mail. (Since NVC system is down)

05/29/2015 ---- IV fee mail picked up and signed by * ****LEY

06/03/2015 ---- IV fee shows PAID, DS-260 completed, documents and pictures emailed to nvcelectronic

06/09/2015 ---- Scan date

06/09/2015 ---- Put on Supervisor review (1 week or 42 day wait start) - Police certificate missing. I was avoiding it till I go to Canada for interview

06/22/2015 ---- Talked to supervisor, she said since it is available from Canada through agencies even though they charge a lot, it is a must to obtain it. NVC review won't complete without it.

07/07/2015 ---- Police certificate sent in email. (received the email from commissionaire-ottawa)
07/10/2015
---- Case Complete (Also police certificate actually received. Also scan date of police certificate)

Note that my case is employment based, and since government already done thorough security checking on me in the past with my employment visa and NEXUS card, I think that clears my security faster than spousal cases.

08/11/2015 ---- Appointment scheduled
09/09/2015
----
Medical (Dr Lyndon in Toronto)
09/16/2015 ---- Consular interview (Montreal) - Approved. Visa wasn't ready at 3 PM; stayed second night in Dorval

09/17/2015 ---- Visa and passports pickup

09/18/2015 ---- POE - Detroit tunnel

11/05/2015 ---- Green card arrived in mail

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