GC from TN Visa through EB3

I find it a bit strange that you have been wondering about TN renewal since last November, and this is the first you think about mail-in. Focus on what you control instead ov working out timelines that are far in the future and out of your control.
PERM and your family's move are not connected.
 
nelsona said:
I find it a bit strange that you have been wondering about TN renewal since last November, and this is the first you think about mail-in. Focus on what you control instead ov working out timelines that are far in the future and out of your control.
PERM and your family's move are not connected.
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I prefer the POE TN renewal and i was inclined towards that until i realized mail in option will work better.

Sometimes i just over think things.
I like to have Plan B/C ready ..... and i think its gets a little to far.

Thanks everyone for the patience !!!
 
I am waiting for the PERM decision (hopefully in a week or 2).
I just had a chat with my lawyer for what should be the next steps and wants me to consider the following as it will be quite fast.

File for I-140 PP (Oct/Nov 2018) and then go through "Consular Processing Immigrant Visa".
That way i will get an interview at the US embassy in Canada in couple of months and the decision will be made pretty quick.
Also, my wife and kid do not need to come to US (90 day rule for I-485).

** My TN expires in April 2019 and i will be doing a cross-changeability (wife born in Canada) **


What are the Pros/Cons of this process?

Is this the correct way of proceeding ahead?
 
This probably better asked on the GC board, not here. Remember that CP follows the "Final Action Date" table of the Visa Bulletin. It *should* be current in October/November, but you never know. and you could get held up getting police docs, etc. Most lawyers don't like to give up the control they have using AOS. But, indeed, CP is specifically beneficial for those living outside US, like your family.

You can always choose CP when you file I-140, and then change to AOS if it is advantageous. It is a little harder if you first choose AOS and ant to switch to CP.
 
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nelsona said:
This probably better asked on the GC board, not here. Remember that CP follows the "Final Action Date" table of the Visa Bulletin. It *should* be current in October/November, but you never know. and you could get held up getting police docs, etc. Most lawyers don't like to give up the control they have using AOS. But, indeed, CP is specifically beneficial for those living outside US, like your family.

You can always choose CP when you file I-140, and then change to AOS if it is advantageous. It is a little harder if you first choose AOS and ant to switch to CP.
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Let's say by Oct/Nov 2018, the "Final Action Date" is current.
How long does it normally take to get the GC from there on? (My TN expires in Apr 2019)

Also, can i travel to Canada once i start the CP ?
I am pretty sure i wouldn't be able to renew my TN once it expires.

What options do i have if my TN expires and i am still in the process for GC?
 
As always, since you have not filed I-485, you can continue to enter on TN, until your "final" visit to Canada. CP, by its very definition, ensures that you cannot have immigrant intent on any particular visit to the US, since you are required to leave US to get your GC. Renewing TN might be another matter, but I would think a border application would go through with no problem, but I would want to get this done by April. One of the drawbacks of CP.

For CP timing, you will need to consult other websites, but be assured that with CP you are NEVER considered to have immig intent on entry.

You might want to renew TN by I-129 in October
 
nelsona said:
As always, since you have not filed I-485, you can continue to enter on TN, until your "final" visit to Canada. CP, by its very definition, ensures that you cannot have immigrant intent on any particular visit to the US, since you are required to leave US to get your GC. Renewing TN might be another matter, but I would think a border application would go through with no problem, but I would want to get this done by April. One of the drawbacks of CP.

For CP timing, you will need to consult other websites, but be assured that with CP you are NEVER considered to have immig intent on entry.

You might want to renew TN by I-129 in October
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I have been researching about the CP process and below are a few questions:

1. When we initiate the CP process, we skip the I-485 (AOS) process. Is that correct?
If YES, then i will have the I-140 on file and renewing the TN should not be a problem.

2. @nelson, you just mentioned that with CP, you are NEVER considered to have an Immigration intent on entry.
That means, once i initiate the CP process, i cannot travel to Canada every weekend since my intent of TN and CP will clash.
is that correct?

3. Can my wife and kid come visit me in US (They are on TD till Apr 2019) ?

4. Final Action date:
I just checked the Final action Date in the Sept 2018 Visa Bulletin and it says 01NOV16 for 3rd Employment based for "All Chargeability areas except those listed"
Does that mean there is a 2 year wait for Canadian ?
 
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1. You will not have I-485, however, you may be at some point along the way in your CP, having submitted the first set of paperwork, this will not prevent you from entering US on existing TN, but may prevent you from renewing thru I-129. Border renewal would be safer at this point, but even better would be to file I-129 as soon as possible, which is 6 months before expiry )in October), then there is no issue.

2. Incorrect, you can't be considered to be immigrating until your appointment, so are free to re-enter as often as you like. On your "last" visit to Canada you will get your consulate interview an GC approval which you will enter on.

3. Yes.

4. Familiarize yourself with the GC process, please. The Fiscal year ends in September, there will be a new Bulletin in October, which will list the date as current. they have "run out" of visas for FY2018, but a fresh batch will be released in October, making it current again.
 
The PERM got certified and i had a chat with my Attorney for whats next.
Just weighing my options here.

Consular Processing:
Once the hard copy of PERM arrive, I-140 PP (Oct end) and start with the CP.
The timeline shows "Current" for Canada and the Attorney expects an interview by April 2019 (TN Expires).
I can wait for couple of months in Canada once my TN expires if we are still waiting on interview.

But, he told me not to travel to Canada as i might not be allowed an entry back to US (Officer's discretion).
Worst case, if the officer denies entry,cancels my TN and put in as a fraud (for dual intent), it could very well hinder the GC process.
It will be about 5-6 months before i go see my family.

I-485: (Need to discuss this with the lawyer)
If i bring the wife and kid over in the 1st week of October, they will have the 90 days done by Dec 2018.
If we file for I-485 in Jan 2019, do we have enough time to get the EAD by April 2018?

Lets say we didn't get the EAD and the TN expires, what will be the next steps?
 
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I have already advised you in what you should do. I-129 PP for TN now, and file for I-140 now choosing CP.
 
It is not officer's discretion to let you in after I-140 submission, as long as no I-485 has been submitted. The CBP have been instructed by their superiors to let TNers with I-140 in, and have been correctly doing so for years. This would be insubordination on their part.

btw, for the lawyer to say not to cross border because entrance is at officer's discretion, and then telling you that you should use CP (which by definition makes GC approval by one State department official's "discretion" at the interview -- with no appeal) he's talking out both sides of his mouth.

Oh, yeah, I forgot, he's a lawyer.
 
if you file your i-485 with EAD/AP in January 2019, you may or may not obtain your EAD by April 2019.
Historically EAD/AP would take 2-4 months. But for the last last year or so it has been more like 3-5 months.
if you check USCIS webstie https://egov.uscis.gov/processing-times/
it says 4.5 to 6.5 months if you file i-765(EAD) in the National Benefits Center.
the lower number, 4.5 months is for 50% of the cases, the higher number 6.5 months is for 93% of the cases completed..
 
also - if you don't get EAD before TN expires, please check with your lawyer, but I understand you will have to stop working and wait until EAD arrives.
i expect the wait will be excruciating for you. this is definitely one the issues with TN to GC process. it has to be timed correctly.
 
nelsona said:
I have already advised you in what you should do. I-129 PP for TN now, and file for I-140 now choosing CP.
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I am more inclined to this but knowing my lawyer he would want to file I-129 PP 1st and then I-140.
For some reason, if they deny my I-129. Can i still continue to work till April 2019 (current TN ends) ?

Just curious if we skip renewing the TN.
Do we have an option of renewing the TN at the border in April 2019 considering we are at the end of the CP process. ??
If not, then i have to leave US.
I don't mind being off from work for 1-2 months as i got a few things to take care of in Canada.
 
It's quite fine if the file I-129 first, there is no hurry for I-140. That what I told you to do. They won't deny your I-129, but if they did, you can still work on current I-94.

*Probably* your TN could be renewed at the border in April, but it depends how far you have gotten in your CP. CP is 2 stages. CBP might consider "Packet 3" as irrefutable immig intent. That I would not chance -- for renewal, not entry.

Why have the headache. Renew I-129 now (too early for border), and then I-140 with CP.

If you don't mind missing 2 months wages, then you should not mind paying for I-129 PP either to be safe.
 
Amber, we are discussing Consular Processing here. I-485 is not going to work for his family.

But of course if TN expires before someone gets EAD, then cannot work. There is no timing issue if he renews TN right now.
 
is your wife working in Canada right now?? if not bring your family over in October file your I-129 to renew your TN once your TN is renewed file your 485/765/131 and case closed simple as that you get to still work and be with your family done deal!! your making this more complicated then it is
 
As Gift says, it all starts with renewing I-129. Just one caveat for Gift is that he and his family need to wait the 90 days after either I-120 or border cross, so CP makes a lot of sense for them, since 90 day wait only applies to AOS.

But I do agree that by not filing I-129 ASAP he is complicating things.
 
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