GC from TN Visa through EB3

nelsona said:
Doesn't matter. They will not deny TN even if you have an approved I-140. That is by regulation. The key is making sure you have about 6 months left on existing TN at the time you file I-485, that is all. No other timing related to TN matters.
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Thanks for all the help.
 
How are the Border crossings in Blaine/Sumas in BC/WA for applying TD status for wife and kid ?

Will be driving down to the border this weekend with wife and kid to apply for their TD status.
 
There would never be any issues on TD at any crossing. Your I-94, their marriage/birth certs and passports.

I wouldn't even make a special trip for that.
 
I got to know about the 30/60 Day Rule and have some questions about it:

The PERM process is initiated already. My lawyer told me to get the TD and make sure my wife and kid are in US before I-140 is filled.
I think he is planning to file I-140 and I-485 together.
Once the PERM is approved, i will be moving my wife and kid to US and then file for I-140/I485.

Do we need to consider the 30/60 rule for my wife and kid (TD status) before we file for I-140/I-485 ?
 
Yes...each 485 is a unique application. You'd want to make sure that each and every family member status is valid and solid. Also, jfyi, generally only 485 is immigrant intent
 
Hello Mister said:
Yes...each 485 is a unique application. You'd want to make sure that each and every family member status is valid and solid. Also, jfyi, generally only 485 is immigrant intent
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Do we have to consider the 30/60 rule before we file for I-140 as well?
If NOT, then we can file for I-140 1st and later apply for I-485. This will give enough time to pass the 60 day mark.
 
nelsona said:
I140 is filed by the employer, you have nothing to do with when they do this.
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Does my wife and Kid has to be in US for atleast 60 days before I-140 is filed ?

Just wondering where in the process does the 30/60 rule implies.
Looks like it implies before I-485 for sure. And my lawyer says we got to file both 140/485 together.
Is that a good route to go?
 
If both are being filed concurrently, you'd want to make sure sufficient time has elapsed since your last entry (entire family)
 
I cross the border every weekend by road as I travel to Vancouver where my family is.
In that case, I reset my time every weekend for 90 day rule.

Can this be exempt or do they strictly follow the last entry to US ?
 
Well, since you are in TN status (correct?) that is going to have to end, otherwise you will never get your I-485 submitted NOR approved, as it will be abandoned when you cross the border. To adjust status, you need to be in US for a lengthy period (first the waiting period to file, and then to wait for Advanced parole I-131 approval-- so at least 4-5 moths).
And your spouse needs a visa (either B2 or TN).

You might want to look into commuter green card route instead. Otherwise, you need to be thinking more seriously about having your family move to US at least semi-permanently, which is the purpose of GC after all.
 
nelsona said:
Well, since you are in TN status (correct?) that is going to have to end, otherwise you will never get your I-485 submitted NOR approved, as it will be abandoned when you cross the border. To adjust status, you need to be in US for a lengthy period (first the waiting period to file, and then to wait for Advanced parole I-131 approval-- so at least 4-5 moths).
And your spouse needs a visa (either B2 or TN).

You might want to look into commuter green card route instead. Otherwise, you need to be thinking more seriously about having your family move to US at least semi-permanently, which is the purpose of GC after all.
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I am on TN and wife is on TD.
The plan is to move once we get the GC. My only concern about moving family to US early was as my wife’s a teacher and she wants to finish her contract and not leave in between school year. But I guess you got to do what you got to do.

I started the PERM process in Dec, 17 and lets say it will be approved till May 18. I guess we have to move to US end of Feb to make sure we are within the 90 day rule period.

Thanks for the help again , Nelsona.
 
From the time perm prep starts (lawyer will do this) to actual filing to approval, you're looking at a year if there's no audit. I'm assuming you're at the step where lawyer is just getting started to do perm specific steps e.g. test the market, get pwd info etc
 
Hello Mister said:
From the time perm prep starts (lawyer will do this) to actual filing to approval, you're looking at a year if there's no audit. I'm assuming you're at the step where lawyer is just getting started to do perm specific steps e.g. test the market, get pwd info etc
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I thought the PERM process takes about 6-7 months without any audit.
I talked to someone on this forum and they got their PERM recently approved in 3-5 months.
 
We are mixing two things here.

Before perm can be filed, there is a 'prep' step. The prep step takes several months. ...7,8,9...

Then, the formal application is made which can take an additional 3-5 months depending on DOL.

All in all, this equates to 10-14 months before you move on to the 140 step. Hth
 
Hello Mister said:
We are mixing two things here.

Before perm can be filed, there is a 'prep' step. The prep step takes several months. ...7,8,9...

Then, the formal application is made which can take an additional 3-5 months depending on DOL.

All in all, this equates to 10-14 months before you move on to the 140 step. Hth
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Got that. Thanks.

I guess the best bet will be to move the family once we submit the PERM application (9089).
By the time the PERM get approved, we all will have the 90 days complete.
 
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