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TN Visa Expiring - Waiting for EAD

By es40 in Adjustment of Status from Work, Student, & Tourist Visas

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es40 Newbie

es40   0

Posted
Filed: H-1B Visa Timeline
Posted

Hi there,

 

My husband is an H1-B holder who is in the final stages of his green card application process. I am a TN holder who is going to apply for EAD. However, my TN expires in mid-May. If I file now there is a risk that the TN will lapse before the EAD is granted. I understand that I can no longer work after the TN expires, however:

 

1) Can I remain employed by my employer during that period?

2) Does this create any issues with the EAD process if I am temporarily off of the TN visa? Presumably I would be on a B2 visa for that period?

 

Thanks!

famictech200 Rookie

famictech200   1

Posted
Filed: Timeline
Posted
8 minutes ago, es40 said:

Hi there,

 

My husband is an H1-B holder who is in the final stages of his green card application process. I am a TN holder who is going to apply for EAD. However, my TN expires in mid-May. If I file now there is a risk that the TN will lapse before the EAD is granted. I understand that I can no longer work after the TN expires, however:

 

1) Can I remain employed by my employer during that period?

2) Does this create any issues with the EAD process if I am temporarily off of the TN visa? Presumably I would be on a B2 visa for that period?

 

Thanks!

Of course this posses an issue; you must have some sort of valid paperwork, which gives you the right to work in USA. A TN visas grants you access to work during that time period from 1 year to 3 years max.

 

Your employer, HR dept, should also be approaching you prior and after expiration, so that you can provide the new copy of the TN visa in order to ensure you remain gainfully employed!? 

 

If they do not, then it shows the custom officials that the company no longer wanted to extend employment to you, which also means when the TN visa expires you should be leaving the country as per the TN visa rules.

es40 Newbie

es40   0

Posted
Filed: H-1B Visa Timeline
  • Author
Posted
7 minutes ago, famictech200 said:

Of course this posses an issue; you must have some sort of valid paperwork, which gives you the right to work in USA. A TN visas grants you access to work during that time period from 1 year to 3 years max.

 

Your employer, HR dept, should also be approaching you prior and after expiration, so that you can provide the new copy of the TN visa in order to ensure you remain gainfully employed!? 

 

If they do not, then it shows the custom officials that the company no longer wanted to extend employment to you, which also means when the TN visa expires you should be leaving the country as per the TN visa rules.

Thank you for the response. To clarify, my firm has talked to me about an extension. I would like to avoid the cost and time however since I will be getting EAD via my husbands green card imminently. My EAD should be granted around 90 days from filing, and my TN expires in 80 days. I am trying to find out if there is any impact to my EAD process if my TN expires while I am close to receiving it.

famictech200 Rookie

famictech200   1

Posted
Filed: Timeline
Posted (edited)
12 minutes ago, es40 said:

Thank you for the response. To clarify, my firm has talked to me about an extension. I would like to avoid the cost and time however since I will be getting EAD via my husbands green card imminently. My EAD should be granted around 90 days from filing, and my TN expires in 80 days. I am trying to find out if there is any impact to my EAD process if my TN expires while I am close to receiving it.

What cost?! The TN Visa is 50 dollars to renew!? I have been renewing my by self petition, just go to the boarder; leave USA and enter back right away.

 

Bring the employment paperwork from your company etc... and pay the 50 dollars to renew!?

Edited by famictech200
famictech200 Rookie

famictech200   1

Posted
Filed: Timeline
Posted
17 minutes ago, es40 said:

Thank you for the response. To clarify, my firm has talked to me about an extension. I would like to avoid the cost and time however since I will be getting EAD via my husbands green card imminently. My EAD should be granted around 90 days from filing, and my TN expires in 80 days. I am trying to find out if there is any impact to my EAD process if my TN expires while I am close to receiving it.

Also the 90 is not exact timeframe; as always its an estimate. 

es40 Newbie

es40   0

Posted
Filed: H-1B Visa Timeline
  • Author
Posted
31 minutes ago, famictech200 said:

What cost?! The TN Visa is 50 dollars to renew!? I have been renewing my by self petition, just go to the boarder; leave USA and enter back right away.

 

Bring the employment paperwork from your company etc... and pay the 50 dollars to renew!?

My considerations are different here. We are using a lawyer and there are costs for time and premium processing.

 

Anyway I had a simple question - does anyone know the answer? Thanks.

talile Contributor

talile   6

Posted
Filed: AOS (pnd) Country: Israel
 Timeline
Posted
11 hours ago, es40 said:

My considerations are different here. We are using a lawyer and there are costs for time and premium processing.

 

Anyway I had a simple question - does anyone know the answer? Thanks.

From reading your first message again I understand that you have not filed for an EAD yet? Can you give us more details?

 

Most people believe that working without EAD does not hurt AOS requests and is forgiven but only if you did not commit fraud. That said your company is in risk if you are employed there while not having an EAD.

 

If I was you, I would put in the money to renew the EAD and not play with the USICS... but that is only my opinion

 

Tali

==  My Journey  ==

07 / 06 / 2015     Entered US for grad school on F-1 visa

06 / 05 / 2016     Started OPT

02 / 11 / 2017     Married !

03 / 02 / 2017     Mailed AoS packages

03 / 03 / 2017     AoS package arrived   ((Day 0))

03 / 09 / 2017     Received text messages and emails  ((Day 6))

03 / 15 / 2017     Received NOA via mail  ((Day 12))

03 / 20 / 2017     Cases updated online  ((Day 17))

03 / 27 / 2017     Email + text about RFIE  ((Day 24))

03 / 31 / 2017     RFIE + biometrics arrive in the mail ((Day 28))

04 / 03 / 2017     Sent back RFIE with I-130A  ((Day 31))

04 / 05 / 2017     RFIE arrived at USCIS ((Day 33))

04 / 11 / 2017     Biometrics appointment ((Day 39))

06 / 14 / 2017     Send Inquiry about EAD ((Day 103))

06 / 29 / 2017     Combo card approved ((Day 118))

07 / 08 / 2017     Combo card arrived ((Day 127))

 

WOODHIKER Contributor

WOODHIKER   30

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

I am on a TN Visa.  From my understanding, because the TN visa is only a work visa and unlike the H1B visa, the TN Visa is not a dual intent visa, the filing of AOS does not extend the TN Visa.  In fact, once you have filed for AOS you can no longer extend or be admitted back into the US on the TN visa.  That is why it is a good idea to file the AOS with at least 6 months remaining on the TN visa that way you can still work under the TN until you receive your EAD.  Filing AOS allows you to stay in the US legally after your TN Visa expires, but it does not extend the time period that you can legally work in the US. 

 

 

snyc01 Rookie

snyc01   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

I was always understood that you couldn't file for an EAD unless you file concurrently with an I-485 application, or had proof that one was pending.  But I also thought that a spouse of a green card holder can't file an I-485 until they get a visa number, which can take awhile since it's the second preference category for family-base green card applications.  If that's correct, wouldn't it mean that EAD isn't possible yet for es40?  If that's true, better to reapply for a TN.  But admittedly this is all conjecture - I'm happy if I'm wrong!

TN to GC Timeline:

  • 6/2013 - TN Status Renewed for 3 years
  • 6/2014 - Married in US
  • 2/5/2016 - Sent I-130/I-485/I-131/I-765 to Chicago Lockbox via FedEx
  • 2/9/2016 - FedEx confirmed delivery
  • 2/16/2016 - Received NOA1 for all documents (via e-mail and text)
  • 2/26/2016 - Received notice of biometrics appointment for 3/7/2016
  • 3/02/2016 - Walk-in biometrics appointment completed
  • 4/12/2016 - E-mail notification of I-131 and I-765 (card ordered)
  • 4/22/2016 - Received EAD/AP Combo Card
  • 09/14/2016 - E-mail notification of interview date
  • 10/17/2016 - Interview
  • 10/17/2016 - E-mail notification of I-485 approval
  • 10/24/2016 - Green Card in hand!
  • 10 months later...
Journeyvisa2016 Explorer

Journeyvisa2016   6

Posted
Filed: TN Visa Country: Canada
 Timeline
Posted
On 3/6/2017 at 10:00 PM, es40 said:

My considerations are different here. We are using a lawyer and there are costs for time and premium processing.

 

Anyway I had a simple question - does anyone know the answer? Thanks.

You may not be able to renew because you have shown dual intent by applying for green card Tru marriage.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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