I am currently an H-1B visa holder, and am in the process of completing my I-485 application (submitting in a few days time). Are there any benefits of filing an I-765 for myself at the same time? Will this affect my application for Permanent Resident Status in any way? I have received a number of requests to do some consulting work above and beyond my current visa based employment.

It is not unusual to submit an application for work authorization (Form I-765) at the same time as your application for adjustment of status (Form I-485). Of course, once you have a work authorization as a pending adjustment applicant, you can work for anyone, not just for the petitioner of your employment-based case.

I suppose it is possible that, if you work a different employer while your adjustment is pending, the INS may question whether you still intend to work for the petitioner. However, if you are working full-time for the petitioner and only intend to do part-time consulting for third parties while your adjustment is pending, this should not cause problems.

I am a Canadian citizen, currently in TN status. I received my I-140 approval in August and filed my I-485 in September. My TN expires in December. I know that the Nebraska Service Center is quite slow but I may have to renew my TN before getting I-485 approved. Do I need to renew my TN with I-485 pending? If yes, should I mention the pending I-485 to the border officer if asked? Do I need a TN after the I-485 is approved?

If you read my article on TN status, you will know that the concept of dual intent is not specifically recognized. For this reason, consular processing of your permanent residence case is recommended. If you choose to adjust your status, the situation becomes a little more complicated.

Given the dual intent problem, it is possible that your adjustment application will be refused on the basis that you had "preconceived intent" to become an immigrant at the time that you obtained TN status. However, for the purpose of this question I am going to assume that your adjustment of status will not be denied. I will instead focus on the TN renewal problem.

If you apply for an extension of your TN with the Nebraska Service Center, they might refuse you on the basis that you have immigrant intent. While it is possible to get your TN extension approved, you will clearly have to disclose on Form I-129 that your company has filed a petition for permanent residence on your behalf. The Nebraska Service Center will probably show a reluctance to approve a TN extension in such a situation, especially where the alien is choosing adjustment of status.

You have also considered seeking TN status at a port of entry. However, if you leave the United States you are deemed to have abandoned your adjustment application, unless you obtained advance parole prior to your departure.

Even if you obtain advance parole before you leave the United States, you are almost certain to have your TN application refused at a port of entry. Your advance parole will quickly bring the pending adjustment of status to the attention of the border people. Some ports of entry are more lenient when you are consular processing (refer to the dual intent article to find out why) but not when you have pending adjustment application pending.

Fortunately, you do not need to seek an extension for your TN. Once your I-485 is received, you can apply for an employment authorization as a pending adjustment applicant by submitting Form I-765. You will then work under this employment authorization instead of under a TN.

You asked about needing a TN after your I-485 was approved. However, when your I-485 is approved, you will have permanent residence. Therefore, you will clearly not require a TN at that point.

I am in TN status but my employment may be terminating early. I understand that my status will end if my employment terminates, regardless of what date appears on my I-94. However, will I get a grace period to leave the United States when my employment ends or am I expected to leave immediately?

The INS regulations give holders of certain nonimmigrant categories a grace period to depart. For example, J-1 holders are given thirty additional days after the date stated on their IAP-66, during which can prepare for their departure. However, there is no provision in the regulations which extends a grace period for TN workers. Therefore, TN workers must technically depart the United States as soon as their status ends.

While remaining a short time after than the period of authorized stay ends is not overly serious, it is technically an overstay and will count as "unlawful presence" for the purpose of calculating the three-year and ten-year bars. While a small overstay should not be a cause for concern, caution should be exercised to ensure that the alien does not become subject to these bars.