Cdn Citizen to GC through Perm Process?

[peace_love]

Hello Friends,

Thank you for your time and efforts in answering questions.

I am a Canadian Citizen, born in Kenya and have degrees from the US and Canada.

I have read the rules for TN visa and I know I qualify.

Please help if you know the answers to the questions below. Some of them might sound stupid/really easy so please excuse me.

1) After I get the TN visa, can I apply for a greencard by going through the new PERM process?

2) I know the H1 cap finishes really quickly so do I need to get an H1 to apply for a greencard?

2) When deciding if an application is put to a backlog center, is there citizenship considered or their country of birth?

3) If there a website somewhere which shows you what is the backlog for Cdn citizens or Kenyan citizens?

4) If the process to get the GC takes more than a year, can I still renew my TN? Is there any risk?

5) Thank you for your time. God bless.

Peace, Love

 

[TheRealCanadian]

1) After I get the TN visa, can I apply for a greencard by going through the new PERM process?

Yes, your employer can apply for you.

I know the H1 cap finishes really quickly so do I need to get an H1 to apply for a greencard?

No.

When deciding if an application is put to a backlog center, is there citizenship considered or their country of birth?

PERM applications don't got to the backlog centers.

If there a website somewhere which shows you what is the backlog for Cdn citizens or Kenyan citizens?

The priority date wait is the same.

If the process to get the GC takes more than a year, can I still renew my TN? Is there any risk?

You can renew your TN until an I-485 is filed.

 

[peace_love]

Thank you TheRealCanadian for your reply. Pasting your answer below for one of my questions. I have a quick follow up

When deciding if an application is put to a backlog center, is there citizenship considered or their country of birth?

PERM applications don't got to the backlog centers.

I was under the impression that all employment based applications after March 28th 2005 have to go through the PERM process.

So, if it is true that PERM applications don't goto backlog centers, then any ideas why there are backlog centers at all for citizens (naturalized or by birth?) of China/India/Mexico and Philippines? (http://www.immihelp.com/greencard/visa-bulletin.jsp)

Have you gone through the GC application process? How long did it take?

Thanks again RealCanadian. Appreciate your help.

 

[TheRealCanadian]

So, if it is true that PERM applications don't goto backlog centers, then any ideas why there are backlog centers at all for citizens (naturalized or by birth?) of China/India/Mexico and Philippines?

There's some confusion. A backlog center is a place where old Labor Certifications are being processed. What you're talking about is a wait for a priority date to become current.

To answer your question, when considering what country you fall under, USCIS only considers your country of birth, or alternately the country of your spouse's birth (cross-chargeability). You would be considered under Kenya, not Canada.

Have you gone through the GC application process? How long did it take?

From start to finish, it took just under five years, but with a number of false starts and delays along the way.

 

[nelsona]

You would be considered under Kenya, not Canada

That said, Kenya and canada have the same cut-off date, which is "Rest of World"