Without knowing USCIS could reverse itself, my wife's company attorney filed her TN-1 extension/renewal a few days before 7/17/07 USCIS made AOS open for everyone AGAIN.
Last night, I received an email from my attorney, basically saying she STRONGLY against my wife filing AOS this time around, because she just renewed her TN-1 visa! Per my attorney, by renewing her TN-1 visa, my wife reaffirmed her nonimmigrant intent. She can NOT file AOS within 60 days. My attorney asked my wife QUITS HER JOB and reenter the country in H-4 to file AOS.
Apparently, my wife's attorney has different opinion. Since my wife has not been out of country for almost a year, AND, TN-1 extension was initiated/filed by her company, not herself, there is no issue with "nonimmigrant intent rule within 60 days".
Which one is true? Has anyone heard of an I-485 being denied because the applicant was on TN-1 or TN-1 extension within 60 days? I am curious if it has ever happened.
XBT MM, Pjiang Bro, and other experts, please help and comment. We are in between a rock and a hard place. My wife does not want to quit her job and I don't want AOS being denied.
Also, the worst of the worst, if AOS is denied, what will happen?