Hacker News new | ask | show | jobs
by vishalkuo 2159 days ago
Ah interesting. This makes me wonder if now is the optimal time to try this given that going back to Canada is less appealing.

It's also interesting that your friend managed to stay in the country despite his i-94 running out. I didn't think that could be done.

This gives me a lot to think about, thanks!
1 comments
yandie 2159 days ago
> friend managed to stay in the country despite his i-94 running out.

His adjustment of status was pending so there's a grace period (check with your lawyer). He was basically waiting for his EAD/Advance Parole card at that point!

link
arcticbull 2159 days ago
(IANAL) Once your I-485 is pending you can remain in the US for as long as it remains pending, on that basis. [1]

Most people also file an I-765 and I-131 alongside the I-140, I-485 and I-693 forms, and once approved, you'll be issued an EAD/AP combo card which entitles you to work in the US and return to the US on the basis of the pending I-485. This travel and employment eligibility is separate from any previous E-3 or TN status.

Once you file, you no longer have to maintain your previous nonimmigrant visa status, but if you don't, a rejected I-485 would subject you to immediate removal. If you do, you can return to your old status.

[1] https://citizenpath.com/faq/maintaining-status-after-filing-...

link