Can I stay with TN while applying for permanent residency

F

flynn

Registered Users (C)
I'm currently on TN status and the visa will expire on Oct. 2010. My employer would like to apply permanent residency for me. I consulted the lawyer about applying for EB2-PERM.

I thought I need to change TN to H-1b. But my lawyer said that I do not need to change my TN visa to H-1b, and I can stay with TN while applying for permanent residency. He also said I need not to worry about having the intention of immigration when renewing my TN visa.

Is this true? I guess which is very confusing to me because TN visa is non-immigrating visa. Would you like to enlighten me on this? Thanks a lot,

Flynn
 
I got my GC while on TN; never had to switch to H1B.

flynn said:
But my lawyer said that I do not need to change my TN visa to H-1b, and I can stay with TN while applying for permanent residency.
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-- Your lawyer is correct.

He also said I need not to worry about having the intention of immigration when renewing my TN visa.
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-- This is okay before you apply for I-485, but things change once you apply for your I-485.

You should start your PERM (and then proceed to I-140) while on TN, without wasting time. You might want to come back with questions once you are ready for I-485.
 
Hi bigboy00,

Thank you very much.

As I know, applying for GC involves PERM, I-140 and I-485. Because I was born in China, I have a waiting period to submit I-485. I also know that Filing I-140 will express my immigrant intent.

So if I stay in the one-year TN visa, I do not have much time to wait to file I-485 unless I have to renew my TN. Since TN visa is non-immigrating visa, how can I renew TN after submitting I-140?

bigboy00, would you like to explain your experience more here. I appreciate you great help.

Thanks a lot,

Flynn
 
flynn said:
Hi bigboy00,

I also know that Filing I-140 will express my immigrant intent.
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-- This is incorrect. The I-140 belongs to the employer - quite a few people on this forum (including myself) were able to get a TN after the I-140 approval.

So if I stay in the one-year TN visa, I do not have much time to wait to file I-485 unless I have to renew my TN. Since TN visa is non-immigrating visa, how can I renew TN after submitting I-140?
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-- Why are you planning to stay on 1 year TN, since the TN now is a 3 year status?
 
bigboy00 said:
-- This is incorrect. The I-140 belongs to the employer - quite a few people on this forum (including myself) were able to get a TN after the I-140 approval.



-- Why are you planning to stay on 1 year TN, since the TN now is a 3 year status?
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Cause this is the first time for my employer and me to renew TN after 1-year changed to 3-year status, so I applied for renewal of TN with my employer's letter that did not state for 3 years.

bigboy00m, anyway, as you said, after submitting I-140, I still can renew TN for 3 years so that I have time to wait to file I-485, right? Thank you so much.

Also thanks to curiousGeorge, I really appreciate your help. I will read what you provided for me carefully.

Flynn
 
So your and your firms track record for immigratrion is not stellar, as they blew your 3-year TN.

Hope they do better from here on in.
 
Premium processing costs $1000 and is paid to spped up your I-129 to 2 weeks rather than months. In the context of TN to GC, it is used when you have only 1 or 3 months left on TN, and you want to renew quickly, so that you can subsequently submit I-485 package with plenty of TN time.

So, when the time comes years from now, to submit I-485, you may only have a short window to do this, and it may open up when you have only weeks left on TN, this premium processing may be needed to get new TN, and then file I-485.
 
nelsona said:
Premium processing costs $1000 and is paid to spped up your I-129 to 2 weeks rather than months. In the context of TN to GC, it is used when you have only 1 or 3 months left on TN, and you want to renew quickly, so that you can subsequently submit I-485 package with plenty of TN time.

So, when the time comes years from now, to submit I-485, you may only have a short window to do this, and it may open up when you have only weeks left on TN, this premium processing may be needed to get new TN, and then file I-485.
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Hi nelsona,

Thank you very much for clarification.

Flynn
 
IF yo u GOT I-140 Approved, can you go to the border for the reniew you TN visa? what are the consequences. any suggesions is greatly appriciated
 
Read curious george's detailed posting, referenced earlier in this thread. It has all needed info.
 
ganesh_123 said:
IF yo u GOT I-140 Approved, can you go to the border for the reniew you TN visa? what are the consequences. any suggesions is greatly appriciated
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none...

I got TN renewed at the border after 140 approval and there are bunch of people who also renewed at the border their TNs after 140 approval.

But if you still scared then do the mail-in
 
Hi all,

Some folks on the forum mentioned that POE may not renew TN for the applicant if the expiration day is far from that day. Is it possible to renew TN several months earlier before its expiration day? Thanks.
 
I have done the TN renewal at POE 5 months earlier than the expiry date, the officer was nice and he asks me the early renewal reason.

I told him that I was coming to Canada on vacations and may not able to come back in 5 month and then I had to do it by mail.

He didn't ask anything else and renewed it.

It was on Ft Erie POE in FEB 2008.
 
I also renewed my TN 4 months early at the Winnipeg airport, for the same reason back in Dec, 2007. The DHS agent had no problem with it.
 
Thanks to nelsona, Byteless and sag408. Your information is very useful. I appreciate it. Here I have several questions though:
1. Currently, the period of PERM approval is 60-90 days, right?
2. Since filing I-140 does not show immigration intent by the beneficiary, why "do not apply for a TN with a new company once you've filed an I-140, this definitely sets off a flag at the POE"?
3. Although I've read though the very useful document by CuriousGeorge, and know the advantages and disadvantages of AOS and CP, I'm still fuzzy here. Is there anyone getting approved via CP? I really do not know which one is better.

Thanks a lot.
 
2. There is no such "flag", whether the TN is for a new employer or old, the same rules apply. Also curious needs to amend much of what is written in that paragraph, since the CBP has also recently issued a letter confirming that CBP too will allow entry on TN for an I-140 beneficiary (mentionned is his appendix). The risk of denial of entry has all but disappeared.

3. CP is still being used. The problem of course is with almost all GC categories being severely backlogged. That an the fact that permanent migration of Cdns to US is a trickle of what it was between 1995-2003
 
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