Complicated TN Situation _ Advice Needed

L

LisaMarie

Registered Users (C)
Hi,

Thanks for an informative site.

I am here on a TN, teaching at a university since September 2006 (although the actual hiring date was in May -- i didn't start receiving salary until september though). Note: the college's policies is that to be considered for tenure (permanent employment), one would have to have a green card (permanent resident status).

My department is willing to sponsor me (although I would have to pay the legal fees) and sent me to their lawyer sometime last year. The lawyer indicated that i would have to file for PERM within 16 months of my hiring (else the job would have to be re-advertised).

Around the same time, I discovered that i am HIV+. The lawyer indicated that I am medically inadmissible, unless i found a qualifying relative (a US Citizen spouse or green card holder) to help me with a waiver of excludability.

Assuming i found such a relative, what would be the best approach for me?

--- would it be better to go through college sponsorship (with an qualifying relative to give the waiver) OR

--- would it be better to go through family sponsorship (this might be less expensive, but I guess there is an inherent income test on behalf of the sponsoring spouse -- what happens if we both don't meet the income limits)

--- if the 16 month time limit to file for PERM is true, then when does it actually start? I understand I-140 have to be filed within 2 months after PERM approval. Wouldn't this imply that i have to get the qualifying relative at the time of application ? Or do i wait until my medicals get in?

I know this is a complicated situation, and I welcome your thoughts..

thanks, LisaMarie
 
First, I am deeply sorry to hear about your medical situation. There are however remarkable advances in the treatment of HIV so I hope all will be well.

Second, what is the issue about the sixteen months. This is not something I have heard of, unless they are referring to the University's policies. Or did you respond to an ad that has been placed already? If so, then the lawyer might be indicating that since you have been hired based on the ad, then there is only sixteen months from the time the ad was placed to time a PERM can be done without another ad being placed.

With respect to the relative situation, the wait for these green cards unless you are a spouse or child of a U.S. citizen is extremely long.

So the spouse method seems to be the only way unless your parents live here or you have a child that is over 21 that can sponsor you.
 
Thanks for the information. Yes, I was hired based on an advertisement. What i am not sure of is whether the 16 months count starts from the:

-- date of the ad
-- date of hire
-- date of start of duties

where can i find further info on the 16 months time limit?

thanks - LisaMarie
 
That's a good question, and something that I was wondering too. You see, most people are usually working for a company under some other visa (TN, H1 etc.) and then the ad is placed along with the PERM request. I would think the 16 months in this case has to do with when the ad was placed relative to the PERM request being made to the Dept. of Labor (DOL). What I mean is that the ad is only good relative to the PERM from the day it is placed.

If you go to the US DOL website, there might be more information on this under the PERM process.
 
You must log in or register to reply here.
Top