another tn to gc

[makaiwa]

Hi

After reading http://www.immigrationportal.com/showthread.php?t=152852, i got a few questions related to my case.

I'd like to file concurrent 140 and 485? How do I know 140 will be a clear cut or not? The main reason for concurrent filing is to avoid renew TN after filing 140.

Both my wife and I are on TN. After filing 485, can she renew her TN? My TN expires in March. Hers expires in October.

Thank you!!!
Andy

 

[TheRealCanadian]

I'd like to file concurrent 140 and 485? How do I know 140 will be a clear cut or not? The main reason for concurrent filing is to avoid renew TN after filing 140.

First off, unless your priority date is current, you cannot file concurrently. What is your PD?

Second, I'd venture that most I-140s run into trouble on ability to pay issues and educational equivalency. Are you already making the LC wage, or does your employer have 100 or more employees? If so, ensure you document this fact. Do you have the necessary educational qualifications as mentioned in the LC? Where is your degree from?

Both my wife and I are on TN. After filing 485, can she renew her TN? My TN expires in March. Hers expires in October.

With a filed I-485, you cannot renew or re-enter the US with a TN.

 

[makaiwa]

Second, I'd venture that most I-140s run into trouble on ability to pay issues and educational equivalency. Are you already making the LC wage, or does your employer have 100 or more employees? If so, ensure you document this fact. Do you have the necessary educational qualifications as mentioned in the LC? Where is your degree from?

I make more than LC wage, got Master degree in EE in a top university in Canada, have 6 year experience before the current job starting in 2003. However employer is less than 10 people, but it was established in 1996, has $4m revenue and very solid profit.

With a filed I-485, you cannot renew or re-enter the US with a TN.

Understand that, i guess my question is not clear. I am not familar with 485 process. If I file 485, do i have to include wife? She is on TN too. So it is YES, then we have to coordinate the timing of her TN.

Thanks!!!

 

[TheRealCanadian]

I make more than LC wage, got Master degree in EE in a top university in Canada, have 6 year experience before the current job starting in 2003. However employer is less than 10 people, but it was established in 1996, has $4m revenue and very solid profit.

If you're already making the LC wage then that should be fine, and the degree doesn't require equivalency. Is your date current? If you're EB2 and born in Canada, then yes, so good. Seems straightforward here.

Understand that, i guess my question is not clear. I am not familar with 485 process. If I file 485, do i have to include wife? She is on TN too. So it is YES, then we have to coordinate the timing of her TN.

Your wife needs to file her own I-485, and apply for her own EAD and AP along with it. So long as she files her I-485 more than 90 days before her TN expires, I don't see a problem here.