AOS from TN Status

[IPv6Freely 64]

I recall a while back reading something about how applying for permanent residency while on a single-intent visa (like my TN) immediately puts me out of status. Is that true?

Or a better question perhaps might be... what status am I in, currently? Is my TN still technically valid (for work - I wouldn't dare leave the country without my AP being approved yet!)?

[chimcham 18]

Yes you can continue to work under TN status until your EAD card arrives. When does it expire? But yes, you will want to wait until you get your AP before leaving the country though

Edited June 22, 2012 by chimcham

[IPv6Freely 64]

Yes you can continue to work under TN status until your EAD card arrives. When does it expire? But yes, you will want to wait until you get your AP before leaving the country though

My dates are kinda wonky. My TN (I-94) is stamped 01/05/2009 with an expiry of 1/4/2012, but I changed employers while on my TN so I also have a I-797A that goes with my I-94 with an expiry of 4/19/2013. Last physical arrival into the US was 8/17/2009.

I'm half expecting an RFE or at least having them ask about the dates during my interview. For my I-130, I-765 and I-485 I put 1/5/2009 as my "last arrival" since it was in the same section as my I-94 info, and put 4/19/2013 as my expiry.

The 1/5/2009 I-94 was actually my 3rd TN renewal, not that that's relevant.

[chimcham 18]

My dates are kinda wonky. My TN (I-94) is stamped 01/05/2009 with an expiry of 1/4/2012, but I changed employers while on my TN so I also have a I-797A that goes with my I-94 with an expiry of 4/19/2013. Last physical arrival into the US was 8/17/2009.

I'm half expecting an RFE or at least having them ask about the dates during my interview. For my I-130, I-765 and I-485 I put 1/5/2009 as my "last arrival" since it was in the same section as my I-94 info, and put 4/19/2013 as my expiry.

The 1/5/2009 I-94 was actually my 3rd TN renewal, not that that's relevant.

Hmmm...I wish I was a subject matter expert on TNs, but I do know that there is a whole mess of them in the Canada forum...I am POSITIVE you will get some answers there if you need further confirmation. If you received a I-797 with an extension you should be ok...they didn't make you travel to the boarder for the renewal?

Not sure if you would get an RFE....their records should indicate that you are within status....

Edited June 22, 2012 by chimcham

[wifi 6]

I recall a while back reading something about how applying for permanent residency while on a single-intent visa (like my TN) immediately puts me out of status. Is that true?

Or a better question perhaps might be... what status am I in, currently? Is my TN still technically valid (for work - I wouldn't dare leave the country without my AP being approved yet!)?

You can continue to work on your TN until it expires. You *must* resign from your job if your TN expires before you're approved for an EAD.

As for your concurrent filing, I would be certain to include a copy of your I-797A showing new employer and new expiration. Otherwise I'd expect an RFE.

[IPv6Freely 64]

Hmmm...I wish I was a subject matter expert on TNs, but I do know that there is a whole mess of them in the Canada forum...I am POSITIVE you will get some answers there if you need further confirmation. If you received a I-797 with an extension you should be ok...they didn't make you travel to the boarder for the renewal?

Not sure if you would get an RFE....their records should indicate that you are within status....

True, as long as I show up as within status, I can't imagine it being an issue. They might mention it during the interview, but it's all very easily explainable.

I didn't have to go to the border, since it wasn't a TN "renewal" (which, for the TN, is not actually a renewal but more of a whole new application). It was just a change of employer.

You can continue to work on your TN until it expires. You *must* resign from your job if your TN expires before you're approved for an EAD.

As for your concurrent filing, I would be certain to include a copy of your I-797A showing new employer and new expiration. Otherwise I'd expect an RFE.

I know I have to resign from my job if the TN expires, that's why I had to get this ball rolling! Since AFAIK a TN renewal right now could be disastrous (marrying a USC shows pretty clear intent..)

I sent copies (front and back) of both the I-94 and the I-797A in my AOS package (wherever the I-94 was requested). I'll be sure to bring the originals to the interview.

Thanks for the clarifications, everyone!

[wifi 6]

I know I have to resign from my job if the TN expires, that's why I had to get this ball rolling! Since AFAIK a TN renewal right now could be disastrous (marrying a USC shows pretty clear intent..)

I sent copies (front and back) of both the I-94 and the I-797A in my AOS package (wherever the I-94 was requested). I'll be sure to bring the originals to the interview.

Thanks for the clarifications, everyone!

You're exactly right. A "renewal" / new TN Status application would be deceit and is a violation of moral turpitude -- something that is asked and verified during the adjudication process. You're doing the right thing. You have lots of time on your existing TN. You can continue to work. And if you file today and don't have any RFEs, you can expect to have your EAD approved in 60 - 80 days.

[IPv6Freely 64]

You're exactly right. A "renewal" / new TN Status application would be deceit and is a violation of moral turpitude -- something that is asked and verified during the adjudication process. You're doing the right thing. You have lots of time on your existing TN. You can continue to work. And if you file today and don't have any RFEs, you can expect to have your EAD approved in 60 - 80 days.

I'm depending on it, I have a job offer on the table waiting for that EAD to arrive

[grrrrreat 109]

I recall a while back reading something about how applying for permanent residency while on a single-intent visa (like my TN) immediately puts me out of status. Is that true?

Or a better question perhaps might be... what status am I in, currently? Is my TN still technically valid (for work - I wouldn't dare leave the country without my AP being approved yet!)?

I think this legacy INS memo issued in 1997 is still in effect:

The Service has previously announced a clarification of the term “unauthorized alien” in new section 245©(8) of the Act. Under this clarification, nonimmigrants may, after filing for adjustment status, continue working in the same job and for the same employer for the duration of an unexpired employment authorization without being deemed to have been employed while an “unauthorized alien” as defined in section 274A(h)(3) of the Act. The clarification allows not only E-1’s, E-2’s, H-1’s, and L’s, but all nonimmigrants to continue to work pursuant to an unexpired employment authorization while waiting for adjudication and receipt of the EAD issued under 8 CFR 274a.(12)©(9). This provision includes not only those categories under 8 CFR 274a.12(b) incident to status but also those categories which must be specifically applied for under 274a.12© and which must also be evidenced by EAD cards. Those with open-market employment authorization under 8 CFR 274a.12© may change employment and employers.

The Memo later says that the adjustment applicant needs to apply for an EAD well before the prior work authorization expires to ensure they can keep working when it does.

[IPv6Freely 64]

Thanks for the quote, that clears up a lot!