Any TN >> GC disaster stories?

C

Canadian2GC

Registered Users (C)
I am losing sleep over this.... my company stipulates that I MUST use a specific attorney for my GC application, and this attorney does NOT believe in going directly from TN to GC. He said this would be a nightmare if anything goes wrong.

I have read some very encouraging success stories from those who went directly from TN to GC.

I wonder if anyone has any disaster stories to share?????

Thanks.
 
I seem to remember a near disaster that Chongyip had, in 2003 or so

I think it went like this:

- He filed his I-140 and I-485 concurrently.
- There were some issues with his I-140, so since he had also filed the I-485 concurrently, USCIS therefor put the I-485 on hold.
- By putting his I-485 on hold, this also meant that his EAD and AP applications were put on hold as well.
- As his TN drew closer to expiration, he was getting very nervous, since he had already filed for an I-485, he was no longer eligible for a TN extension. Without a pending I-485, he would be out of status when his TN expired, since the I-485 was not pending, but rather on hold. Without an approved EAD he would not be able to work legally.

The story had a happy (yet stressful) ending. His attorney contacted a congressman, and somehow the issue with the I-140 was resolved, which in turn got his EAD approved.

In retrostpect, he could have renewed his TN, prior to applying for the I-140 and I-485, which would ave given him a 1 year buffer to resolve issues like this.

At the time Chongyip was spreading anti-TN-to-GC sentiments, but in reality, if he was on an H1b, the same thing could have happened if he was on the last few months of his H1b extension. That was also around the same time when I decided to start writing my 21 step program for TN to GC success, since I realized that so many people are not aware of the many risks to be aware of.

As you long as you are aware of the special attention you need to take at specific points in your case, you will be fine.
 
Nowadays, concurrent filing -- for EB-3 -- is impossible, so I-140 will be approved before submitting I-485.
 
curiousGeorge said:
- As his TN drew closer to expiration, he was getting very nervous, since he had already filed for an I-485, he was no longer eligible for a TN extension. Without a pending I-485, he would be out of status when his TN expired, since the I-485 was not pending, but rather on hold. Without an approved EAD he would not be able to work legally.
Click to expand...

George, what options do we have if we unfortunately got stuck in the same situation? Can we take leave of absence from work, go back to Canada and wait for EAD?
 
Well, you can;t really leave US until AP is received. You would stay put until you get EAD. You are already in status once you file I-485.

Are you about done, now?
 
If your EAD is not yet approved, and your I-485 has been filed, you would have to take a leave of abscence if your TN expires. If your AP is not approved then you cannot leave the country, and the AP and EAD usually get approved around the same time +- 3 weeks.

Now in Chongyips situation, (which is very rare, and actually impossible for EB3 these days), his I-485 was on HOLD. The jury was out as to whether this meant that his I-485 was actaully pending, but it seemed that a few lawyers chimed in at the time, and explained that by nature of being on HOLD, this means that USCIS has not accepted the I-485 yet, and therefor, it is not yet pending. Had his TN expired, he would have been out of status, but I repeat, that this is such a rare situation, that you really shouldn't be concerned....but you asked about disasters.
 
curiousGeorge said:
If your EAD is not yet approved, and your I-485 has been filed, you would have to take a leave of abscence if your TN expires.
Click to expand...

Submit for leave of abscense without pay and have a letter from company says the same, is that something which would be a proof that you were not working during that time?

What other kind of documentary proof someone need?
 
Holy Crap,

I can't take any more of this from Canadian2GC.

They're stressing me out with all of the willy nilly worrying.

Stay in Canada until all your paper work is complete.
 
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