Anyone apply for AOS while on TN?

Amazon Shroob
Jul 18 10 Comments

I mistakenly thought that TN can transition to GC but learned about dual-intent.

Immigration services are trying to file an AOS even though im on Canadian TN visa (expires Sep 2020 if that matters). If my intention is to leave Amazon within the next year (or even couple of months), am I trapping myself by going through with AOS? I know that after filing, I won't be able to re-enter US (at least for a couple of months). How will I get impacted by travel even after AOS process is complete (I think I'll need an EAD/AP combo)?

Thanks in advance all!!


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TOP 10 Comments
  • Oracle k-9
    If your intention is to move back to Canada then why are you troubling yourself. Stay on one side of the border
    Jul 18 1
    • Amazon Shroob
      I guess I phrased poorly, I meant moreso as a hypothetical. Circumstances can change wherein I want to be a permanent resident and setting up myself for that now (at least on the front of getting an H-1B) does no harm

      I guess it was pretty useless to put that in the post, so I removed it
      Jul 18
  • Google dontbe3vil
    Why don't you stay on TN and just file h1b and opt for consular action instead of aos? This way, you can just travel to the US embassy in Toronto when all is done and get your h1b. No restrictions on travel.
    Jul 18 1
    • Amazon TRuc81
      He doesn’t even need to go to consular as a Canadian, can go up to Vancouver border and apply
      Jul 23
  • Google / Eng

    Google Eng

    IANAL and there are risks with this but ...

    You may need to first extend your TN status with a I-129 to give yourself enough time for the process to complete.

    Once you have the i-129 approved the clock starts ticking on the 3 year extension. If you have to go through PERM then you should be fine to travel internationally.

    Then I-140 would be filed. At this time international travel stops. With premium processing this takes about 2 weeks otherwise 4 to 6 months.

    Concurrently file I-485. This will take somewhere from 3 to 6 months though it may take more.

    Once you have the EAD and AP you should be able to travel internationally once again.
    Jul 18 1
    • Microsoft oMAG58
      Don't concurrently file 140 and 485. My understanding is that 485 requires an approved 140, if you file concurrently and for whatever reason your i140 goes wrong, your 485 could be denied and you'd be completely out of status..
      Jul 19
  • Broadcom Ltd. / Eng

    Broadcom Ltd. Eng

    Intel, Broadcom Ltd.
    I did TN2GC. As soon as I joined the employer on a new 3 year TN, the employer started the PERM/I-140 process. There’s absolutely no problem with traveling and/or renewing TN during this stage of the GC process. Once I-140 is approved, you can file AOS along with EAD/AP application 90 days after crossing the border on TN. You cannot file AOS during those 90 days after your last entry on TN, otherwise your 485 gets rejected due to immigrant intent and you might also lose your TN.
    After filing 485, you definitely cannot renew your TN and cross the border on TN. You must wait until AP is approved and then you’re free to travel again. While waiting for AOS if your TN expires, you let your HR know that you’ve started working on EAD card. Also, if you enter the US on AP, you let your HR know you’re no longer on TN and have started working on EAD as your status will no longer be TN. And don’t let your EAD/AP card expire as you’ll have to go on unpaid leave while waiting for EAD/AP to get renewed. Apply for extensions well in advance.
    Jul 23 0
  • Microsoft oMAG58
    Went from TN to GC, 485 AOS itself took 5 months. But a family member of mine did the same and it took 13 months for them. And even after receiving your GC, you should not leave your current employer as that is seen as employment GC fraud, at least not right away. In terms of whether you can travel in the mean time, the Advance Parole is filed at the same time as AOS, that takes about 4 months, that can get you into the country.
    Jul 19 0
  • Amazon TRuc81
    Sounds like a bad idea, your priority date is no longer current temporarily, and it might take more than 1 year for you to get your 485, your visa expires next year so you will have to leave the country, and they won’t let you back. I’d wait or switch to h1b status
    Jul 18 0
  • Google nanithefu
    I'd say it's a bit risky unless you're planning on staying at Amazon for a while. The AOS process is pretty involved and once you file you won't be able to get TN again since you've shown immigration intent.
    Jul 18 0