Husband TN Visa to PR Status

[Qilipu 0]

Did some more research though and some sources say that we should have included I-131 and I-765 with the others.

When he went to renew his TN last year, Port Huron Officials said to send in the usual forms, but leave 131 and 765 out until we receive 797.

So I'll just do that...

His TN expires May 6th. I know once we send in the last two, it cancels out the TN, but still! Time is a tickin

I am a bit surprised you did not indeed include I-131 and I-765 into the original application package. People always do it with the concurrent filing, if they anticipate that their current work authorization may expire before the AoS has been completed, or if they anticipate the need to travel internationally and don't have a dual-intent status (H or L) already. The advice from the Free Trade officer at Fort Huron sounds a bit strange to me, but then their job is to adjudicate TN-1 applications for admission, and not to be concerned with the procedures for inland processing.

Anyway, since the original I-130 and I-485 have indeed been sent, you may indeed need to wait for the arrival of your Notice of Receipt (I-797) before filing the I-131 and I-765, since they have to refer to the original application for admission (I-485), and the NoR with its receipt number is a way of doing that. There is no fee to pay, because you're doing it with a reference to the underlying I-485.

The USCIS is supposed to issue to EAD/AP document with 90 days since a submission arrives in good order, and usually it seem to do it a bit sooner (maybe 75-80 days). So hopefully you still can get your EAD/AP in time for the expiration of the TN-1. Employers hate to have a "gap in employment" created when one authorization expires and the other one has not started yet... they have to terminate you and then rehire you from scratch, which of course sucks.

As to the "canceling out the TN" - I think it's more like, as soon as you start using the EAD for employment purposes, it indeed supersedes one's previous status (such as TN-1), but I don't think it automatically happens upon application. As to the AP... in any event, one probably should not try to cross the border in a non-immigrant (TN-1) status once an AoS application (I-485) has been filed; one pretty much has to wait for the AP (or the eventual Green Card) to travel internationally.

We will have to send in more passport photos though I'm sure. We do not have copies of the passport photos we already sent in, as they were all needed. Can we go ahead and get more done, even though the photos won't match the others we sent in?

This is (notionally, at least) a different application, so there is nothing wrong with submitting a different sent of pictures than with the I-130 and I-485. In any event, the USCIS will call your husband for a "biometrics" appointment (at an Application Support Office in Indy, Chicago, or wherever you are), where they'll take *the* photograph and fingerprints that'll go on the actual EAD/AP card (and the green card, eventually). If one submits all 4 applications together, there is normally just one biometrics appointment; I am not sure how they handle it when you have 2 different packages.

[Adam & Anne 0]

Thank you very much,

Qilipu

This has been very helpful! It put my mind at ease

Annemarie

[Manzan76 6]

I ended up doing 2 biometrics appointments, since I filed for EAD 6 weeks after AOS. No big deal. The first appointment was picture/fingerprints for the green card, and the second one (5 weeks later) was just a picture for the EAD card.

[Adam & Anne 0]

ok, THANK YOU!