Reply

8老师:

I presented following cases and hope to get your help to clarify. Many thanks as always.

Case 1, If I-485 still pending: if TN not expired, can still work with TN, regardless EAD received or not? -Yes.

Case 2, If I-485 still pending: if TN expired and EAD received, use EAD to work; renew EAD if needed (another 1 year)?-Yes.

Case 3, If i-485 rejected, TN NOT expired, can the beneficiary still be in-status and stay in US legally?-Yes.

Case 4, If i-485 rejected, TN NOT expired, can the beneficiary still work with TN till the date of TN expired?-Yes., but the TN cannot be extended due to immigant intent.

Case 5, If i-485 rejected, can the beneficiary change to other non-immigration status anymore, such as change to TD, F-1/-2, etc?-No due to immigrant intent.

Case 6, If i-485 rejected, will the beneficiary (previously a TN holder) be BANNED from any TN application in the future, i,e., forever?  -Probably it may be difficult, at least within a coople of years, but it is hard to say.

Case 7, If i-485 rejected, will the beneficiary (previously a TN holder) be BANNED from entering US with a Canadian passport for vacation as a visitor?  -Probably it may be difficult, at least within a coople of years, but it is hard to say.

Case 8, If i-485 rejected, TN not expired, can the beneficiary resubmit another I-485 application after fixing the issues and errors indicated and listed on the USCIS rejection notice, assuming not out of status?  -Yes.