Renewing TN Visa from Within U.S. (I-129) to Spousal-Based AOS

[CanadianInUS 0]

Hi there - I've been lurking here for a few weeks, but am finally at a stage where both me and my spouse can start down the Green Card route (she just got naturalized and so we're going to begin the paperwork). For context: I'm a Canadian citizen working in the U.S. on a TN for the past 4 months. My wife will receive her passport early Feb and we should have all the necessary paperwork ready by then as well.

 

Problem is, I'm trying to change jobs which will require applying for a new TN visa (don't have the offer yet, but my prospective employers have stated that they can file an I-129 for me which will get me a new TN visa without having to exit the U.S.).

 

My question is: if I were to get a new TN visa, would that reset the 90-day rule? I.e., will I have to wait 90 days before applying for I-130, I-485. etc, given my new TN visa is still non-immigration intent? From what I understand, the 90-day rule is primarily applied to folks who have reentered the U.S., but what about newly issued non-intent visas from within the U.S.? Thanks so much for reading!!

[Boiler 45,658]

USCIS does not have a 90 day rule

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status form Work, Student, & Tourist Visas forum.

[canadian_wife 1,823]

There is no 90 day rule, this is commonly asked. 

 

Good luck 

[CanadianInUS 0]

That's interesting, thank you all for the responses!