TN visa expiring during EAD/AP approval...

[TBoneTX 44,671]

Another post has been removed for advocation of illegal activity. Administrative action has been applied.

TBoneTX

VJ Moderation

[matmertin2016 4]

If you want to attend the wedding, I think you should file immediately upon return in Sept. My EAD from TN took 78 days, so you should be fine. You would not be allowed to work after your TN expires if you don't have EAD.

Is renewing the TN for one more year an option during your trip to Canada? Otherwise you could use vacation if your TN expires while waiting for the EAD.

Good luck!

That is false, you can not use vacation while waiting for the EAD and your TN visa has expired. You would not be eligible to work in the USA which also means you need to leave the USA at that time.

Your employer then also has no liability to honor your vacation since you are not eligible to work for them, and since USA is use it or loss it policy you would lose your vacation accrued.

[matmertin2016 4]

If you still have a pending job offer, call them again and put another request to expedite.

It happened to me as well - have never heard anything back when I tried to expedite my EAD first time. After two weeks of wait I called again to put the second request. I got another Referral #, and next morning I received the following letter via e-mail:

"Type of service requested:

-- Expedite

The status of this service request is:

Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please fax proof of your financial loss, such as proof of a pending job offer, to the following number: 123-456-7890, Attn: XXXXXXXXXX. Please include this notice with your fax. Documents should be submitted with an official letterhead"

My son received the same letter within 5 days, just via regular mail.

I faxed my pending job offer along with a Cover Letter, where I explained why it could be my financial loss.

It took 2 weeks for both, my son and me, to receive our EAD after placing the requests (the second ones) to expedite. It was worth it. At least it doesn't hurt to try again.

Good luck!

what would be the reason for his expiate!? I need to attend a friends wedding. BTW even with an AP they can still refuse entry as it states in the form. It is used for emergencies for family or work to leave while waiting for the green card; it is not so that you can go on vacation while waiting....

[matmertin2016 4]

Thank you all for the helpful responses.

In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.

What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.

I agree go ahead and try it and see what your end result is... then for laughs make sure you update this thread....