TN to GC Indian Born

S

Sai151

New Member
Hi All,

Forum has great information. I have read multiple threads, including CuriourGeorge post. However I couldn’t find much information for Indian Born Canadian citizens.


Myself Indian born Canadian Citizen working in US on TN from Jan 2015. I dint know about TN to GC until recently. My employer willing to do either TN to GC or TN-H1B-GC. He is fine with either one in EB2 category

Since I am Indian born Priority dates are not current and it may take 10 Years to get EAD/GC. My currently project is for another 2 years.

Q1: Hopefully I will clear my 140 in by end of my contract ( in 2 Years ). Later if my contract wont extend, I have to find a new Employer/Project. In that case will I lose my Labor Cert, 140 & Priority date ?

Q2 : I think new employer has to start all over again from Scratch ?

Q3 : Based on my understanding after reading CuriousGeorge post, I shouldn’t have any problem in getting new TN after my current project finish in 2 years and every time I change jobs during this 10 Years process. Am I right ?


Q4 : Employer suggesting , they will apply Labor now and apply for H1 in April 2017. If I get H1 then asking to convert from TN to H1. Will it be okay ?

Q5 : Being Indian born, is TN to GC process OR TN –H1-GC process, which suits best for us ?

Q6 : If I leave US after 140 approved and Say my priority date came in 5 Years now , Can I enter US on TN and use the PD ?
 
The process for TN to GC will be no different for you than outlined in curiousgeorge post. Obviously getting an H1 is "better", but it should not be used as an excuse to delay getting GC process started ASAP, you can switch to H1 anytime later in the process, without impact. In all cases you need to maintain a viable I-140, so the questions on I-140 should be asked on that forum.
 
Thank you for the quick reply Nelson.

I told my employer to start the PERM. Also we applying for H1.


I heard a rumor there is a proposal to make the EAD eligibility for all 140 approved candidates , anyone know about this ?

If its true it helps a lot for India/China born applicants, as the EAD wait it self almost 7 to 10 years at this moment.
 
Just an FYI ... if anyone out there with a situation like me and wondering what i did.


My employer is ready to do TN to GC process. But somehow am not ready for it, because line up for Indian Born is 8 to 10 years per present situation and who knows what will happen to NAFTA in coming months.
 
if you do not start, you will never get. You should still be trying for H1 every year while your process continues. You can get GC without working. If you are good enough they will wait for you. But you have to start, especially while they are willing, which is more likely to change than nafta.
 
Sai151 said:
Just an FYI ... if anyone out there with a situation like me and wondering what i did.


My employer is ready to do TN to GC process. But somehow am not ready for it, because line up for Indian Born is 8 to 10 years per present situation and who knows what will happen to NAFTA in coming months.
Click to expand...

For India born people the wait time is not just 10 years it is about 70 years.
EAD for approved I140 did not happen.
 
Hello i am indian born canadian citizen. My employer is ready to apply for my GC. As i am canadian citizen will i be considered on the rest of the world cap?

Please also let me know where i can find the current processing times and current GC category.

Thanks,
Andrew
 
No, you remain under the Indian quota, unless you are married to a person of another country, in which case you "inherit" her country of birth for immigrant visa process. This is known as cross-chargability.

The visa bulletin can be found easily using google.
 
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