TN - GC

R

ravian91

New Member
Hi,

This topic has been discussed various times but i would like to confirm the following before i approach my employer. My timeline as follows

- Entered in USA on TN (valid until 03/2018). I was issued 2 years TN as per request from my employer
- Employer promised to apply for green card after probation - TN-H1B- GC.
- My employer is non-profit organization so they don't have to go through the lottery.

My question is can my employer H1B and LC at the same time? They promised to apply for H1B after 3 months and then GC. I would like them to start H1B and LC at the same time to save time.

The job itself is EB2 ( I have masters and 10+ yrs of experience in IT). I was born in Pakistan so hoping it won't take long once the LC is done.

regards,
 
Per my understanding, there is nothing that prevents H1b and LC to be done at the same time. LC is a time consuming process so the sooner it starts the better. Good luck.
 
There is no need for the H1-B to proceed with PERM (LC is no longer used) but is a slightly "better" status than TN if you were to need this long-term, as long as employer does not delay for one second the PERM process under the misconception of "needing" H1-B first (sounds like they already have this incorrect notion).
Pakistan is not under any quota restrictions, so you should get GC as fast as any non-Indian, non-Chinese petitioner, ie within 18 months.
 
nelsona said:
There is no need for the H1-B to proceed with PERM (LC is no longer used) but is a slightly "better" status than TN if you were to need this long-term, as long as employer does not delay for one second the PERM process under the misconception of "needing" H1-B first (sounds like they already have this incorrect notion).
Pakistan is not under any quota restrictions, so you should get GC as fast as any non-Indian, non-Chinese petitioner, ie within 18 months.
Click to expand...

Thanks Nelsona and Hello Mister!

So nothing is stopping them to apply for H1B and PERM at the same time?

With H1B, my wife can get H4 and work. She does not qualify under TN

Regards,
 
Yep nothing stopping them.

Your wife will indeed get h4 but won't get work authorization until you have an approved 140 which happens after PERM.
 
mister is not quite correct. H4 gets you no work authorization, but file I-485 (not merely I-140 after PERM) allows you to also apply for EAD, which is universal work authorization.
 
True but that would only apply to applicants whose PD is current (not India/China). What you say above is applicable though in ravian's case...he can get Ead faster by filing for 485
 
Mister, are you missing where your error was?
You CANNOT file for EAD by filing I-140 or even having it approved. I-140 is not the trigger to allow filing I-765 (EAD), I-485 is.
 
Either you or I are missing something here :). I never said you can get EAD by filing for 140. What I said was having approved 140 allows filing for EAD for H4 spouse

http://www.immigration.com/blogs/form-i-140-form-i-765/h-4-ead-rule-continually-updated-needed (excerpt below):

I have finished my first review of H-4 EAD Regulations (effective 26 May 2015). Here are the takeaway points:

  • H-4 spouse qualifies only if H-1B spouse has an APPROVED I-140
- See more at: http://www.immigration.com/blogs/fo...ntinually-updated-needed#sthash.OnQdBEIn.dpuf
 
Ah, I see. The original proposal was only to extend H4 EAD to spouses of those using the "7th year extension" under AC21. I indeed DID miss that it was also extended to spouses of those H1's with an approved I-140.

Thanks for the correction.;)

This makes a two-pronged H1/GC process vital for married couples on TN/TD but born in India/China or even EB3 worldwide.
 
You are right nelsona...i was checking visa bulletin and it seems EB3 worldwide is actually moving relatively fast too these days..
 
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