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Nancy Lane

Can I use form I-765 for an EAD when going from TN to AOS based on marriage?

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I have been married to a US Citizen since September 2005. He emigrated to Canada at that time and lived there with me for 2 years. I was offered a job opportunity in the US so we moved here in October 2007. My employer sponsored my TN status. We did not have any intent on staying long term so I reapplied for TN in 2008. I renewed my TN again IN 2009(but only for one year - was unaware that I could ask for 3 years but not sure if my employer would have sponsored for 3 years anyway). I found out I was pregnant and we were planning on filing my forms in the fall of 2009 but when I went for the medical exam they advised I needed certain vaccinations. Since I was pregnant my ob/gyn could not assure me that the vaccinations would be safe for the baby. We waited for the baby to be born (a healthy baby girl - yeah!)before filing.

The forms were received by the Chicago lock box on April 29 and we received the Notices of Action dated May 4, 2010. I did not file for EAD as it was unclear to me if I could even use form I-765 due to my TN status. Can I use this form to apply for an EAD? It looks like I will not get my green card in time and I need to be able to work. My TN expires on August 30, 2010. If I cannot use form I-765 then how do I obtain an EAD? What form do I use?

Thanks for your help!

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