If TN visa expires in the middle of the immigration process?

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MikeC
Posts: 17
Joined: Sat Mar 18, 2006 1:46 pm

If TN visa expires in the middle of the immigration process?

Post by MikeC »

Dear all, what TN-er should do if any of the immigration stages, for example 485 processing or any other step, takes longer than one year due to any kind of delays?

How to stay and continue working in the country, how to re-enter?
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

As s0on as you file I-485, your TN is in jeopardy: you can't use it to enter US, nor can you renew or extend it.

I-485 never gets done in less than a year, or at least no one counts on this, so when filing I-485, one also files for Employment authorization and Advanced Parole (EAD/AP) with form I-765/I-131. Then yo udiscard the TN and work on EAD and travle with AP, renewing these every year until approved.

EAD and AP usually take 3 months for approval, so you don't need a full year left on TN to start the I-485 process; you only need 5-6 months left, and then transition to EAD/AP.

It is almost unheard of foe someone to go directly from TN to GC so quickly that they didn't need EAD/AP, and most need to renew ead/ap 2 or 3 times before GC approval.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
MikeC
Posts: 17
Joined: Sat Mar 18, 2006 1:46 pm

Post by MikeC »

Nelsona, thank you for reply. I heard there are delays in I-140 and I-485 now, this can be dangerous for TNers?
What are waiting-to-apply time and processing times on each step today, does anyone know?
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

No danger.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
MikeC
Posts: 17
Joined: Sat Mar 18, 2006 1:46 pm

Post by MikeC »

[quote="nelsona"]No danger.[/quote] :wink: Well... hope so. There has been lots of bad things going on with those backlogs clearances etc.? I heard there is no longer premium processing and I-140 takes a year? Do you have an estimate on how much each step will take if start today?
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