Canadian Citizen looking to go through PERM process

P

projectpete19

Registered Users (C)
Hello,

I am a canadian citizen (born in canada) and am currently working and living in florida under TN status as a Systems Administrator.

I have a company in Florida that is willing to sponsor me as a Systems admin / Computer Specialist so that I may work for them, I am going to go through the PERM process as follows:

1. Labor Certification through the PERM process.
2. I-140 Immigrant Petition for Alien Worker.
3. I-485 Application to Register Permanent Residence.

How long does the process usually take from start to finish to obtain a green card? Also, this company builds military simulators and has contracts with the U.S. Military, they have checked with their lawyers and they said I will be able to work for them.

Will the fact that they do work for the U.S. government put me any higher in priority to be checked?

Is the order that I posted above the correct order that I should be applying?

Also, if I am sponsored by company A, they go out of business during the process and company B wants to sponsor me, do I have to start the whole process again or can I carry over my progress from Company A to Company B.
 
Last edited by a moderator:
You have not specified whether the position requires a masters degree or not, but from the title of it, I will say that it does not require one. Under that assumption:

1. You are Canadian, therefore Rest Of the World (ROW) for immigration purposes. That is backlogged to August 2002 right now. You process will heavily depend on when this date becomes current. PERM & I-140 will total about 1 year to 1.5 years including all the prep work and ads, then you have to wait to apply for I-485.
2. The fact that you work for the US govt only makes a difference if you are working in a very key role, like being the lead engineer in building a missile or something.
3. Yes, the order is correct, but your company's lawyers will already take care of all that.
4. If company A goes down before your I-140 is approved, you will lose your priority date, and have to start from fresh. If your I-140 does get approved before you leave, then you will start from fresh, but will keep your priority date. If you stay with the company until the 6th month of your pending I-485, then you can transfer companies without having to start fresh.

Hope this helps.
 
immigraboy,

Thanks for all the info, it definately helps.

I see in your signature that it took only about 4 months from the time you applied for your LC to get your LC and I-140? Is this correct? If so why was yours so quick? Just to help me understand this whole process.

Also, when you get your I-485 is that another term for the green card or do you have to apply for the green card after you get the I-485
 
My signature does not count the times for advertising. We kicked things off around January of last year, gathered documents, and did all of the advertisement before applying to PERM. Your process may take longer or shorter.

When your I-485 is approved, that means you get your green card.

Also I haven't received the approval for I-140 yet. That process, if not done premium processing, can take a few months.
 
Last edited by a moderator:

Pete,
One VERY important thing to note is that you must change your status from TN to H-1B before initiating any sort of GC process. You are NOT to have 'immigrant intent' while on a TN visa... it's a big "no-no".
Regarding the PERM process, it's an average of about 60-90 days to prepare a good solid case.
Regarding the I-140 / I-485, it depends if you will be filing under EB2 or EB3 category. If you were born in canada, your EB2 case will go quickly. If you file under EB3, you will be among the backlogged cases.



projectpete19 said:
Hello,

I am a canadian citizen (born in canada) and am currently working and living in florida under TN status as a Systems Administrator.

I have a company in Florida that is willing to sponsor me as a Systems admin / Computer Specialist so that I may work for them, I am going to go through the PERM process as follows:

1. Labor Certification through the PERM process.
2. I-140 Immigrant Petition for Alien Worker.
3. I-485 Application to Register Permanent Residence.

How long does the process usually take from start to finish to obtain a green card? Also, this company builds military simulators and has contracts with the U.S. Military, they have checked with their lawyers and they said I will be able to work for them.

Will the fact that they do work for the U.S. government put me any higher in priority to be checked?

Is the order that I posted above the correct order that I should be applying?

Also, if I am sponsored by company A, they go out of business during the process and company B wants to sponsor me, do I have to start the whole process again or can I carry over my progress from Company A to Company B.
Click to expand...
 
One VERY important thing to note is that you must change your status from TN to H-1B before initiating any sort of GC process.

-- NOT TRUE.

You are NOT to have 'immigrant intent' while on a TN visa... it's a big "no-no".

-- True. The immigrant intent is filing the I-485 application. Therefore, you can proceed with the PERM and I-140 application while on maintaining the TN status.
 

A "PERM" Labor certification case implies initiating the move towards PERMANENT EMPLOYMENT in the US. Therefore, yes, of course, it implies immigrant intent. Our head attorney confirms this. We do not process any cases for people while on TN visas until they have moved to H-1B status. Don't know where you got that information.



bigboy00 said:
One VERY important thing to note is that you must change your status from TN to H-1B before initiating any sort of GC process.

-- NOT TRUE.

You are NOT to have 'immigrant intent' while on a TN visa... it's a big "no-no".

-- True. The immigrant intent is filing the I-485 application. Therefore, you can proceed with the PERM and I-140 application while on maintaining the TN status.
Click to expand...
 
A "PERM" Labor certification case implies initiating the move towards PERMANENT EMPLOYMENT in the US. Therefore, yes, of course, it implies immigrant intent. Our head attorney confirms this. We do not process any cases for people while on TN visas until they have moved to H-1B status. Don't know where you got that information.


-- I won't blame you for having this wrong information. Most of the attorneys give this information because it is more convenient for them (or for the sponsoring company because of their policy) to initiate the process when you are on H1.

I did not "get" this information - I am telling this from my own experience. I was granted (more than one) TN when my I-140 was approved. No one asked me about it when I got my first TN at the US-Canada border (and then by mail).

If you search this forum, you will even find quite a few people who have completed the GC process successfully while on TN - I plan to do the same!!
 
wow thank you all for the info, but i dont know which to believe about staying on the TN or switching to H-1b.

I really want to avoid the H1-b since there is a timeframe in which you have to apply and only a limited number available. Especially when I am already on a TN visa.
 
wow thank you all for the info, but i dont know which to believe about staying on the TN or switching to H-1b.

As told before, I am telling this to you from my own experience - Believe it or not :-). You can post your question on the TN forum and many people will tell you the same thing that I told you in my previous post..
 
again so i understand:

1. when you get your labour certificate approved (which i understand to be step 1) does that give you any type of visa so you can work right away or do you have to wait until your I-140 is approved and then you get some type of visa?

2. Where does the EB2 or EB3 status come into play?
 
1. when you get your labour certificate approved (which i understand to be step 1) does that give you any type of visa so you can work right away

-- No, you just keep on working on your present status.

or do you have to wait until your I-140 is approved and then you get some type of visa?

-- No - here also, you keep on working on your current status.

2. Where does the EB2 or EB3 status come into play?

-- These categories come into the picture when you are filing for your I-140.

FYI:

The change of status comes into effect only at the last stage (I-485). When you file your I-485, you apply for the EAD (employment authorization document) and at that stage your present visa status may get switched from your current status to the EAD.
 
You must log in or register to reply here.
Top