Running the grey under TN/I-765

freediver111
New Member



Joined: 11 Aug 2008
Posts: 4
Location: USA

Posted: Mon Aug 11, 2008 4:35 pm

 

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Hey,
So I'm married to a US citizen and currently working on a TN that's valid until 2009.
We filed for I-765 with a lawyer 60 days ago and I have already done my biometrics and I'm just waiting for approval letter to come. They claim it takes 60-90 days.
My question is this: We moved to another State and I accepted a new job. My current employer is keeping me on until October to pay out my vacation so I'm still an employee. My new Employer wants me to start next Monday, and is under the impression that my current TN is valid, and that it's only a matter of weeks or days before I get my I765.
I want to know if this is illegal and if so, are my only options to wait until I get a I765? I might be putting my new employment in jeopardy if I can't start the 18th.I figure I will be ok but I know i'm taking a risk.your thoughts?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1505
Location: North Carolina

Posted: Tue Aug 12, 2008 4:12 am

 

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You cannot work for an employer who did not specifcially sponsor your TN. It is valid for one employer, and one employer only. To take another job with another company on that TN is illegal. You won't be able to start a new job until you have your EAD.

When the I-765 is applied for in conjunction with an adjustment of status application, they usually are completed within 90 days of your receipt date, unless they send you an RFE, or deny it because they reject your AOS application for some reason.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1676
Location: Calgary

Posted: Tue Aug 12, 2008 10:24 am

 

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You can't work until you get the EAD, there was a big article in the Spokesman-Review about some international researcher who got stuffed on her AOS precisely because she was working without one. USCIS didn't accept her photo on the I-765 application but she carried on working and now USCIS say she was working illegally so she cannot adjust status even though she qualifies under EB-1.

http://www.spokesmanreview.com/tools/story_pf.asp?ID=255313

The I-765 application takes 90 days plus time in the mail.

So from the sounds of it, I wouldn't bugger up your I-485 application (based on your marriage I assume) over something this trivial.

You cannot work for another employer in TN-1 status other than the one that sponsored you.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1505
Location: North Carolina

Posted: Tue Aug 12, 2008 4:01 pm

 

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I just noticed that you also said you've moved states, was this before or after you sent in your adjustment application? If you moved after you sent your applications, this is likely going to muck up your AOS/EAD because USCIS is forever losing things whenever they have to transfer them to different offices.

Did you send them the address change notices, AR-11 and I-865? If you didn't, then you're going to miss your appointment letters, and will be under deportation orders in absentia if you don't show up for the interview. Even when you *do* send in address change notices, they don't forward files sometimes and I've known of several immigrants who did not get interview letters and were under deporation orders.
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freediver111
New Member



Joined: 11 Aug 2008
Posts: 4
Location: USA

Posted: Tue Aug 12, 2008 5:01 pm

 

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Well, this sounds like a heck of a crappy deal for me.
So, I assume it's also illegal for me to drive to Canada and get another TN?
I'll see if my employer is ok with holding off on my start date. I guess it wouldn't be the end of the world to wait another few weeks rahter than risk illegal activities.
I'm not sure how they can track all this but I guess they can.
Also, I did move states but was only planning on changing address' after I got my I765. My best friend is still living in our old place and he knows to look out for any paperwork and advise me as soon as they arrive and then once I get them, I plan on changing address.Is that too risky?

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freediver111
New Member



Joined: 11 Aug 2008
Posts: 4
Location: USA

Posted: Tue Aug 12, 2008 5:11 pm

 

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Another questions: With I765 and AOS pending, can I head to the border, turn right around and get another TN or is that illegal because it's considered traveling?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1505
Location: North Carolina

Posted: Wed Aug 13, 2008 3:02 am

 

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I don't know that they'd give you another TN now because you have an immigrant application pending. TN is non-immigrant, and to apply for one, you can't have immigrant intent, which now you obviously do.

Have you done your biometrics for the EAD yet? If not, your notice letter will be received at your old place, and your appointment will be scheduled at the USCIS field office in that state, and you will have to travel back there for the biometrics. If you don't go to the biometrics appointment, your EAD will be rejected, and possibly your AOS as well.

btw, you are required by law to notify USCIS of any time you move within 10 days and your spouse is required to notify them within 30 days. Failure to do so could result in monetary fines and possible jail time for the USC sponsor, and deportation for the beneficiary (ie: you).

I'd get those notices in asap.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1676
Location: Calgary

Posted: Wed Aug 13, 2008 10:15 am

 

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You have immigrant intent so you can't get TN-1. Check the regs but I think you actually violate your TN-1 status by changing your intent while in the US because TN-1 is not dual intent. I'm not exactly clear on how you qualified to adjust status to begin with.
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Steve.

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