TN versus GC decision

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keyofdminor

Registered Users (C)
hello everyone,

Background: I was on TN for 8 years with Company A. Last year, I resigned and joined Company B on yet another TN, which has since been renewed. All of this is as Computer System Analyst. Btw, I have a Master's from University of Waterloo in CS. Single w/ no dependents.

Problem: Currently, Company B is offering to process the GC. Unfortunately, the attorney seems to be primarily experienced with China. e.g. His plan is the usual, non-Canadian H1B -> GC process. He has not mentioned consular processing. He has mentioned EB2 but only in passing.

Question: I'm nervous about entering this process with this attorney. I have to decide quite soon, and suspect that the employer will not be interested in using another attorney. Should I just stay on TN? I know that it is "indefinite" but I'm nervous.

Also, there have been recent posts about a 3-year term for TN. Does anyone have any further validation of this (aside from previous posts). What impact would this have?

thanks,
Mike

ps. I quite like Company B and would be willing to stay with them for 3-5 years or even longer.
 
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Mike,

Find the sticky from Curious George. With your Master's, getting the GC will become quick and a slam dunk.
 
Do NOT let yourself get roped in to waiting for H1. h1 is a dice roll these days, and you will need t o wait until October anyways.

If you get a savvy lawyer, you could have GC by then, instead of wasting time on spinning the wheel for H1.
 
keyofdminor said:
hello everyone,

Background: I was on TN for 8 years with Company A. Last year, I resigned and joined Company B on yet another TN, which has since been renewed. All of this is as Computer System Analyst. Btw, I have a Master's from University of Waterloo in CS. Single w/ no dependents.

... Should I just stay on TN? I know that it is "indefinite" but I'm nervous.
Click to expand...

I think it depends on whether you see yourself moving back to Canada eventually. A green card holder is a prospective US citizen and begins to become "vested" in the US in a way that a TN holder, however "indefinite", is not. If you see yourself staying in the US then a GC is the only way to go. If you don't see yourself staying in the US, then you might want to ask yourself why--if you plan to move back to Canada--it hasn't happened yet.
 
Thank you, everyone, for your responses!

I have decided to wait and find an attorney with a specialty in Can-Am immigration. Company B's attorney is mostly familiar with China and the H1B route.

CalGreenCard, you have seen into my soul: I struggle with the "long-term" and can't decide. Partly due to commitment issues and partly due to the emotion of national identity. You nailed it on the head.

Another question. Consider this scenario:

-- I go for the GC in the US. Let's say 4 years.

-- I return to Canada and work for 5 years, losing perm resident status in the US

-- Can I return to the US under a TN? I thought I read somewhere that I could be denied for having demonstrated 'immigrant intent'. Is that true?

-- It sounds like perhaps an ideal is to stay for GC + citizenship and then a person has it made (i.e. both citizenships?) That thought truly makes me wish I had started the GC in 2000.

thanks again,
Mike

ps. A final question: can we ask for Can-Am attorney recommendations on this board?
 
Mike, you confuse me. Most people would give their right n*t to be in your position. You would qualify for EB-2 category which is current most of the time. You'd have your green card in about a year. National Identity? You live here now - not there. Get the green card and get citizenship and you're good to go.

Just hook up with some hottie and you'll forget all about going back. :D
 
keyofdminor said:
-- I return to Canada and work for 5 years, losing perm resident status in the US

-- Can I return to the US under a TN? I thought I read somewhere that I could be denied for having demonstrated 'immigrant intent'. Is that true?
Click to expand...
Yes and no. If your green card is involuntarily revoked because you spent too much time outside the US, that's when you'll have trouble getting a TN visa. The fact that you were holding on to the card indicates you still had some level of immigrant intent ... not enough for them to let you keep the green card, but enough for them to refuse your TN (or F1 or B1 or other strict nonimmigrant visa).

But if you proactively fill out the paperwork to officially and voluntarily surrender your card and status, that is actually a strong indicator of non-immigrant intent. People have done that and then been able to get a visitor's visa shortly afterwards.
 
A somewhat analoguos situation arises in the tax realm as well.

If one voluntarily rescinds their GC, they become a non-resident for IRS purposes (its part of the recission process).

If, however, the GC is confiscated at the border, presuambly because you are deemed no longer to fulfill the requirements for Permanent residency, the IRS does not receognize this and one is still liable for US taxation -- until one formally informs the IRS.
 
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