TN to green card...what's the risk there?

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AF11

Registered Users (C)
I'm sorry if I am not knowledgeable on this subject, but that is why I'm here. I'm a canadian hoping to immigrate to the United States. As I understand it, the only difference between TN and H1-B (apart from the fact that the latter is dual intent while the former is not), is that for TN status, the job does not have to be one where the Canadian has to be more qualified than an American in order to be employed (i.e., a bachelor's would be fine, if the employer is willing to hire). I just completed my bachelor's at a US accredited university. I have made some excellent contacts at my school, and am sure that I can get hired by a party who would be willing to sponsor me. However, I have heard of there being a significant risk that the application for the green card can get rejected, rendering me unable to ever enter the country as a TN, as I have showed intent to immigrate in the past.

My question is; what types of things would lead immigration to reject the application for a greencard (for example, what "red flags" do I need to watch out for or avoid)? Thanks
 
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Neither H1 nor TN require employers to prove that they couldn't find a qulaified american, so you're wrong on that.

What is different is that TN can only be for specific TN categories, while an H1 can be for any job requiring a degree. And a TN can be requested at the border,; H1 must be applied by mail and is subject to quota.

It is the green card process that triggers the "no qualified american" proviso.

First find a job for which you are qualified, then you can worry about the intricacies of green card.
 
AF11 said:
However, I have heard of there being a significant risk that the application for the green card can get rejected, rendering me unable to ever enter the country as a TN, as I have showed intent to immigrate in the past.
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Incorrect! This is a common assumption made by someone who does not know what dual intent is and how it relates to the TN-> GC process.

AF11 said:
My question is; what types of things would lead immigration to reject the application for a greencard (for example, what "red flags" do I need to watch out for or avoid)? Thanks
Click to expand...

First read all of this, to educate yourself on the process.
http://forums.immigration.com/showpost.php?p=984692&postcount=2

If you have any need for clarification, feel free to come back and ask us.
 
Not to be nit-picky, but going over the details of GC process at this point would be akin to having a ping-pong player study the best strategy for competing at Wimbledon.

Start with a job, then a sponsor, then....
 
nelsona said:
Start with a job, then a sponsor, then....
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I disagree.
Its a good idea to find an employer who is willing to be a sponsor. And the best way to do that is to educate yourself about the process first. These days its getting harder to convince your existing employer to deal with this immigration stuff. There aren't enough jobs out there to threaten to leave if the employer doesn't help you.

So if you REALLY want a green card, find an employer who is willing to help you, before agreeing to take the job.
 
As I mentioned earlier, I have very good contacts, and I have an employer (who also happens to be a close family friend) who I KNOW will stick with me through this. That's not where the issue is.
 
Ok...I figured out what the risk is. TN visa is good for 3 years. In the highly likely case that receipt of the green card takes more than 3 years (assuming you file as soon as your TN goes into effect), you are screwed, because you cannot renew the TN (TN is non-immigrant and you have shown your desire to immigrate by applying for the green card). You are effectively out of status and have to leave the united states. Thanks all for your valuable advice!
 
Huh? How did you come up with that. I guess you didn't bother reading george's post.

During the green card process, you will get EAD as part of filing I-485, so your work authorization will no longer be TN, it will be EAD. It is the I-485 filing which makes you ineligible for TN, but it is also the I-485 filing which entitles you to EAD. The duration of TN has nothing to do with it. 1000's have gotten GC thru TN when TN validity was only 1 year max, because they migrate to EAD in the interim.

I guess it was a little over your head, which is why I said find a job first; that is something you can probably get your head around.
 
AF11 said:
In the highly likely case that receipt of the green card takes more than 3 years (assuming you file as soon as your TN goes into effect), you are screwed, because you cannot renew the TN
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Nelson is right. You are wrong. Read my post first.
 
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