How late is too late to apply for AOS from a TN visa?

[BlameCanada 0]

My situation is complicated (aren't they all?) and I'm going to try to keep the OP as brief and concise as possible, but please feel free to ask for more info if you need it.  

 

I'm a Canadian in the US on a TN visa that expires mid-November 2019.  My employer just applied for renewal and the application was received by USCIS earlier this week.  I have concerns about the renewal being denied and am working on backup plans in case that happens.  

 

My US citizen girlfriend and I have been talking about marriage and will likely make it official pretty soon here.  (It's a bona fide relationship.)  If my TN renewal gets denied after the current one expires, my employer told me I'll have 10 days to leave the country.  Assuming the worst (TN gets denied after current one has already expired) I'm wondering if I'll be able to apply for AOS in those 10 days after the denial so I'll be able to stay in the US while my AOS is processing.  I obviously don't want to apply to adjust status while renewal petition is processing, but the timeline has left me in a tight spot.  

 

Assuming I am able to apply for AOS and maintain lawful presence while that is processing, I'm concerned about lack of income.  I have read that I can file Form I-765 to get temporary employment authorization while AOS is processing.  I'm in tech and I don't have any trouble getting job offers, the issue is that no employer wants to sponsor my visa.  If I have EAD, does that make it easy for an employer to hire me without requiring sponsorship or extra effort on their end?  I've also heard that EAD can be expedited if I have a written job offer.  Is that true?  If so, does the employer offering the job have to sponsor or do anything above and beyond what they'd have to do to hire a US citizen or green card holder?  

 

Thanks so much for any help you can provide.

[payxibka 10,047]

8 minutes ago, BlameCanada said:

My situation is complicated (aren't they all?) and I'm going to try to keep the OP as brief and concise as possible, but please feel free to ask for more info if you need it.  

 

I'm a Canadian in the US on a TN visa that expires mid-November 2019.  My employer just applied for renewal and the application was received by USCIS earlier this week.  I have concerns about the renewal being denied and am working on backup plans in case that happens.  

 

My US citizen girlfriend and I have been talking about marriage and will likely make it official pretty soon here.  (It's a bona fide relationship.)  If my TN renewal gets denied after the current one expires, my employer told me I'll have 10 days to leave the country.  Assuming the worst (TN gets denied after current one has already expired) I'm wondering if I'll be able to apply for AOS in those 10 days after the denial so I'll be able to stay in the US while my AOS is processing.  I obviously don't want to apply to adjust status while renewal petition is processing, but the timeline has left me in a tight spot.  

 

Assuming I am able to apply for AOS and maintain lawful presence while that is processing, I'm concerned about lack of income.  I have read that I can file Form I-765 to get temporary employment authorization while AOS is processing.  I'm in tech and I don't have any trouble getting job offers, the issue is that no employer wants to sponsor my visa.  If I have EAD, does that make it easy for an employer to hire me without requiring sponsorship or extra effort on their end?  I've also heard that EAD can be expedited if I have a written job offer.  Is that true?  If so, does the employer offering the job have to sponsor or do anything above and beyond what they'd have to do to hire a US citizen or green card holder?  

 

Thanks so much for any help you can provide.

Not that complicated 

 

Yes you can file AOS after marriage if the TN is denied 

 

Yes, EAD means you are employment authorized,  no company sponsor required 

 

Yes, you can request an EAD expedite based on a job offer,  no employer sponsor needed 

[geowrian 22,338]

You can file for AOS so long as you remain in the US. You cannot leave then come back to file for AOS (immigrant intent at the time of arrival/POE is not permitted).