i-485 Can I follow up with I-485 with a pending I-130?

[RipeAvocado 3]

I'm the beneficiary of I-130 petition submitted in May 2020 (23 month). I'm on TN status expiring in October 2022 (in 6 months). Processing times for CSC say 23-30 month which means any time between now (April) and October. I'm certain while I-130 is pending I can follow up with I-485 (with I-765 & I-131) and it will count as concurrent filing. So if I send AOS now and, say, within the next 2-3 months I-130 & I-485 is reviewed will I be able to receive my GC before my TN expires? Based on what I gathered applying for a new TN at the border or requesting an extension through I-129 after sending I-485 is not an option as filing I-485 explicitly shows immigration intent.

I'm not sure what is the best course of action form this point. Should I not follow up with I-485 now and apply for TN extension through I-129 while I-130 is still pending? I really do not want to miss out on concurrent filing either.

[Boiler 44,954]

Is your PD current?

[RipeAvocado 3]

Just now, Boiler said:

Is your PD current?

Yes it is. The petition was filed under F2A category which is in current.

[Boiler 44,954]

Then you can adjust

[RipeAvocado 3]

1 minute ago, Boiler said:

Then you can adjust

Ok but then say I adjusted, what happens next? I have 6 months until my TN expires. Is that enough time to get GC? My I-130 has been pending for 23 months now. Processing times say 23-30. So between now and October, exactly when my TN expires. What happens if I adjust and TN expires? I wont be able to renew my TN as Ive demonstrated immigration intent.

[Dashinka 24,150]

Six months may not be enough time for a GC, but I assume you are also applying for an EAD.  You may be able to expedite that.

[RipeAvocado 3]

4 minutes ago, Dashinka said:

Six months may not be enough time for a GC, but I assume you are also applying for an EAD.  You may be able to expedite that.

Correct, I will be applying for EAD as well. Processing times for EAD are 7.5-14 months and looks like expediting requests are very hard to get approved. My employer contracts me out and they will most definitely lose the contract if I'm not eligible to work. Are these good enough grounds to grant the expedite request?

 

Quote

Expedite requests are based on severe financial loss to person or company. This is an extremely high standard to meet and only a few may be approved

 

[Dashinka 24,150]

2 minutes ago, RipeAvocado said:

Correct, I will be applying for EAD as well. Processing times for EAD are 7.5-14 months and looks like expediting requests are very hard to get approved. My employer contracts me out and they will most definitely lose the contract if I'm not eligible to work. Are these good enough grounds to grant the expedite request?

 

 

Usually maintaining a job or a job offer is a good reason to expedite.  Try searching here on the VJ search engine "expedite EAD", I have read about a few successes.

 

Good Luck!

[RipeAvocado 3]

2 minutes ago, Dashinka said:

Good Luck!

Большое спасибо!