Can I apply for Labor Certification (under PERM) while still on TN on my way to H1B

O

omer_60

New Member
Please Help.

I am on TN now (Canadian). My employer is switching me to H1-B with this coming quota starting in april. I know the H1-B will not kick in until Oct.1. At least that is what they told me. They said that even if the H1-B is approved in the summer, i will not be able to use it until Oct.1. It is ok with me cuz my TN is valid until Feb.2007.
I am trying to get my employer to go ahead and get the Labor Certification between now and Oct.1 so that we don't waste time. By Oct.1, H1-B and LC should be both ready to file the I-140/I-485. They are trying to make me wait until Oct.1 to file the Labor Certification. They explicitly said that I can NOT apply for Labor Certification under TN visa. Is that true?

Can I get Labor Certification with TN in prepartion for the GC application as explained above?
 
omer_60,
You can file for PERM while you're on a TN, no problem. You can file for your I-140 while on a TN, no problem. You can even file for you I-485 while on a TN, but once you do that you can't renew your TN anymore. So, the workaround is when you file for your I-485, you must also file for an EAD and an Advance Parole to let you work and travel once your TN expires and you're status switches from TN status to "I-485 pending status".
 
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