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BigJoe, You are right about the employer does not want to bother with my case but not because they prefer TNs and they don't sponsor. Currently my employer is about to start a batch of PERMs after 4 years of not doing it for anyone, and I am trying to get into this batch. Basically my employer...

To BigJoe and my company's lawyer (from curiousGeorge's post): Quote #1 started the ball rolling: "The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN...

Now we're talking TRC! Thank you! ;) This is the kind of advice I need. I just talked to the lawyer for a few minutes after he gave our employees a training about PERM. He even knows about the short period from 485 to AP when one cannot travel on TN, B etc because he mentioned that when I...

OK TRC, are you here to help or to just criticize? I am arguing with the lawyer that one can go from TN to GC and he says no it's illegal and TN's are not supposed to become permanent residents. Can you help me argue back at him and provide evidence to him that he is wrong? If not, please don't...

Gunt, Appendix C, Quote 5 is where I got the reference to INA 214(b) from. I don't understand why TRC says he doesn't see the connection!!

OK TRC, that's what CuriousGeorge refers to in INA in his post. Can you or anyone in this forum please point me to a section in INA saying that one can AOS from a non-immigrant status like TN? I need evidence because lawyers work with evidence. He's not going to take my word for it. I need hard...

Sorry this is paragraph L: (L) 3c/ subject to section 214(c)(2), an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary...

Does this look good for sending to the lawyer: INA 214(b): (b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)...

Thanks a lot gunt for the link! I'll go thru it to build my case against the lawyer. For now I just asked him if what he says also applies to marrying a US citizen. I asked him: "Are you also saying I cannot become a permanent resident from TN even if I marry a US citizen?!". I know the answer...

Ignorance is bliss! "You are correct that "company X" does not do permanent residence for TNs. That is because under the law TNs are not supposed to intend to become permanent residents. So, it is really a legal restriction rather than a "company X" policy. What should I show him to...

Update Here is my update and I'd like your opinion to see if I'm in the clear: My H1-B's I-94 in my passport had expired. However my H1-B status expired on 11/12 and the new TN started on 11/13. I took a trip to Canada right before 11/12 and came back to the US on 11/8, just a few days before...

Thanks nelsona and gunt. What bothers me is that they are making a claim on my behalf that I'll go back to Canada at the end of 3 years! It's a good thing there is no signature of mine on the petition LOL!

Just got a copy of my employer's TN petition (already approved by USCIS) and the employer's lawyer wrote a section in it called "Temporary Position: Corporation X has not offered Mr Y a permanent position in the US. No labor certification application or I-140 immigrant petition has been filed on...

Thanks nelsona. I remember from some threads in the past that some POEs have a tendency to issue an I-94 that expires when the passport expires. I am not sure if this also applies to CIS approved TNs.

I got my H1-B to TN I-797A approval, what next? My employer has received my I-797A approval with an I-94. My H1-B finishes on 11/12 and the TN status kicks in on 11/13. When I travel after 11/13/2011, what should I do upon entry? Will CBP require the original petition sent to USCIS? Any word of...

What if the reason for I-485 being dead is that the sponsor withdrew (e.g. due to a layoff)?

Wow an employer who wants to wait til' Oct! Most employers I deal with, would want you to start working for them ASAP, that's why they prefer TN, no matter what they do after (H1 or GC).

Thanks again nelsona! Here is my plan (if I get this new job, WML): My H1 expires in Oct. If I get the job next week, I'll ask the new employer to apply for a TN (w/ a change of status request so it'll come w/ I94 and also premium processing) with a start date of a month from next week. This...

In the case of 2A (H1 to TN by mail), can the new employer ask for TN to start at a later date? In other words, can the status change to TN be a later date than I129 approval date? I know this is the case for H1 extensions because the attached I94 has a start date later than the approval date.

Thanks Nelson. In the case of 2B, If, for whatever technical reason (e.g. poor TN letter), I can't get the TN, I can come back in on H1-B before it expires, right? The problem with 2B is that nothing at the border is guaranteed and I cannot give my current employer a proper 2-week notice. I...