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Case Stories
⏳ EB-3 F2A Pending - Canada PD Current, EAD Delayed, TN Expiration Risk
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⏳ **Case Status: Pending**
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A TN visa holder with a pending F2A I-485 faces potential work authorization gap as her TN nears expiration while EAD remains pending post-biometrics. Lawyers are advising filing a new I-129 TN to trigger the 240-day cap-gap period, but petitioner is concerned about dual-intent conflict affecting the I-485.
Applicant's spouse filed I-485/765/131 under F2A after I-130 approval and priority date becoming current. The applicant has been in the US for 10+ years on L1 and TN status, with biometrics completed mid-2025. The EAD remains pending while the current TN is nearing expiration. Legal counsel proposed filing a new I-129 TN to extend work authorization by triggering the 240-day continuation rule. However, the petitioner raises concerns about TN denial due to immigrant intent (dual intent issue) and whether a TN denial could negatively affect the pending I-485. Strong positive equities exist: jointly owned property, US-citizen children, long legal residence history, clean record, and high household income.
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**[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1u7kd39/sens_checkrecommendation/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights a well-known tension in F2A/spousal GC cases: TN status is a non-dual-intent visa, meaning a pending I-485 can and often does lead to TN denial. USCIS and CBP have increasingly scrutinized this. The 240-day rule only activates if the I-129 is timely filed and the previous TN was valid — a denial cuts it short. EAD processing times for I-485-concurrent filings have been running 12-18+ months in 2024-2025 backlogs. Cases with biometrics completed in mid-2025 and no RFE are generally progressing normally but slowly. If the EAD is not approved before TN expiration, unpaid leave or spousal income reliance may be the safest path to avoid jeopardizing the I-485.