TN to GC

kanuk@york

Registered Users (C)
Hello, my company has agreed to sponsor me for a GC. I understand that the TN is a non immigrant work authorization, but for a while now, I've been reading on this forum and elsewhere that many TN holders are being given GC, in many cases fairly quickly.

I'm a CSA and I don't have a 4 year degree, this would "put" me in the E3 category with a fairly long wait period for my GC petition to be processed. With a 3 years TN, I would most likely have to renew my TN while the GC app is pending.

1) would the pending GC application get me disqualify me from the "renewing" my TN. The attorney I'm speaking with is saying that this is currently a gray area. My research is also mixed on this topic!

2) If I cannot renew my TN and leave the country, does that invalidate my pending GC app.

Thank you everyone for your input.

Note: current TN was issued in 08/2012
 
First, all work permits are non-immigrant. What you mean is that TN (as opposed to H1 or L status) does not allow immigrant intent, which throws lawyers into a stupor.Please read the curiousgeorge post that explains all this. You may need to show this to your lawyer.

1. No, it is NOT a grey area. Since you would not be filing an I-485 until current (that is the whole reason for the long delay in EB3 in the first place), you would simply have an approved I-140 on file. Both USCIS and CBP are under specific order NOT to deny TN renewals for beneficiaries with an I-140 but no I-485.
2. No, becasue you won't have a pending GC app until you submit I-485, at which time you also apply for a travel permit and a separate work permit.

read the curiousgerge post.

http://forums.immigration.com/showt...PPPRRRROOOOOVEEEDD!!!!!!!&p=984692#post984692
 
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curiousGeorge, who was your lawyer?

This message is for curiousGeorge. I see that you have successfully obtained your GC straight from TN status and I have read some of your very informative posts. I too am in Miami and was hoping you could let me know who your lawyer was during this process.

A little about me, I have a Masters in Science and work as a molecular biologist in a private laboratory in Miami. I am on my 2nd TN, issued July 2013. I need the safest and sure way of getting my GC and I am still unsure if I should do it straight from TN or switch to H1B first.
Thanks so much!
 
Hi Nelsona,

My employer doesn't want to go from TN--->GC. I am planning to fight back. Do you have any link or official doc /order which says "Both USCIS and CBP are under specific order NOT to deny TN renewals for beneficiaries with an I-140 but no I-485."

Thanks.

First, all work permits are non-immigrant. What you mean is that TN (as opposed to H1 or L status) does not allow immigrant intent, which throws lawyers into a stupor.Please read the curiousgeorge post that explains all this. You may need to show this to your lawyer.

1. No, it is NOT a grey area. Since you would not be filing an I-485 until current (that is the whole reason for the long delay in EB3 in the first place), you would simply have an approved I-140 on file. Both USCIS and CBP are under specific order NOT to deny TN renewals for beneficiaries with an I-140 but no I-485.
2. No, becasue you won't have a pending GC app until you submit I-485, at which time you also apply for a travel permit and a separate work permit.

read the curiousgerge post.
 
sunflower, just like on serbinski, ask your own questions, not piggybacking on others' threads.
Look for curiousgeorge post which has all the references.
 
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