F1 to OPT to TN/GC

Y

yyz2mco

New Member
Canadian student has been in the US for the last 5 years doing bachelors then masters in Nursing. Parents moved with her on L1 and now have green cards but couldn’t include her because she was over 21.

OPT will be April 2023 to April 2024

Wondering best path forward for her to pursue permanent residency.

My thoughts are either:

  1. Apply for TN towards end of OPT. Come back, wait 6 months then file i140 and hope (it should) filing date for i485 comes up before TN expires in 3 years. Or
  2. File i140 right away (probably September by the time nursing license and everything is done) with AOS intent. If priority date isn’t met before end of OPT then file to change it to consular processing. Leave US and reenter with TN. approved i140 by then but priority date not current. Once date comes current make appt for consular processing, leave and do appointment then come back.
The risk of a TN being rejected in 1 because OPT just ended, been here 5 years, no real ties to Canada anymore, etc. seems higher than 2 where you have an i140 with consular processing, makes it easier to show intent to leave because you have to in order to finalize the green card process.

Option 2 also likely takes much longer off work. from the time leaving the US, doing interview, getting card then heading back to US could be weeks? Months?

Thoughts on either option or maybe something I haven’t thought of?
 
I would apply for TN immediately and concurrently start the GC process.

There is no risk of TN rejection for the reasons you mention. Foreign Ties are not required.

Doing consular should only take a couple of weeks outside US, when called for the interview. But AOS is usually best option.

Why wait to file I-140?
What is your birth country?
 
nelsona said:
I would apply for TN immediately and concurrently start the GC process.

There is no risk of TN rejection for the reasons you mention. Foreign Ties are not required.

Doing consular should only take a couple of weeks outside US, when called for the interview. But AOS is usually best option.

Why wait to file I-140?
What is your birth country?
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I thought foreign ties were a key component of getting a TN?
The reason we are debating which way to go is because she has been in the US for over 5 years already on F1 status, done 2 degrees (bach + masters), now will be starting OPT in April. If she applies for TN immediately would it maybe give the impression that she doesn't plan to leave and could be rejected? There are some legitimate reasons she could give for the TN, such as needing time to port her nursing license to Canada. That is a very long process.

She will wait 3-6 months after TN approval to begin the GC process. If she gets approved for a 3 year TN that would give her ~2.5 years of runway for her priority date to come current and file her I485. She might run the risk of losing her TN status while waiting for her GC, but with EAD and AP that shouldn't be too much of a concern.

Birth country is Canada.
 
Ties have never been required. TN is not a tourist status. The fact she applies for TN does NOT meean she is staying, in fact it indicates the opposite. Besides, one can be on TN for decades. No need for fake information.

Please read the process at the top of this forum. One files I-485 as soon as possible. should be a year. And there is no reason to wait for your sponsor to apply for PERm/I-140. This does not risk the TN.
 
nelsona said:
Ties have never been required. TN is not a tourist status. The fact she applies for TN does NOT meean she is staying, in fact it indicates the opposite. Besides, one can be on TN for decades. No need for fake information.

Please read the process at the top of this forum. One files I-485 as soon as possible. should be a year. And there is no reason to wait for your sponsor to apply for PERm/I-140. This does not risk the TN.
Click to expand...
Thanks. I did read it....

This is my understanding then....

Employer can file I-140 asap with consular processing (as soon as nursing license is issued). Helps prove non-immigrant intent during TN application. Once Visascreen is completed (2-3 months after nursing license obtained), leave US and re-enter applying for TN status.

Once priority date reaches filing date(no sooner than 90 days after entering on TN status although in reality it would likely be much longer anyway), file I-485/I-765/I-131 and case will be transferred back to USCIS from NVC.

However, if the timeline is only 2-3 months delayed by getting a TN first, then filing the I-140, it seems to me that it's just easier to wait until after the TN is issued. If it's issued for 3 years, that should still be plenty of time on EB3 ROW for priority date to reach filing date. If it doesn't, then you deal with TN renewal i-129 at that point with approved i-140 but no priority date.

How does TN application work if you're already working for that employer? Do you just need them to re-issue a new job letter? Something like a continuing employment offer that's more in line with what's required for the TN?
 
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Each TN application is new. You will need visa screen to get TN.

Just so we are clear, i-140 does not prove non-immigrant intent, it merely DOESN''T prove immigrant intent for TN purposes.
 
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