GC from TN Visa through EB3

I applied for 9141 (Prevailing Wage) on Dec 14th 2017 and i haven't received anything back.

Is there a way we can find the status of the application?

Also, where can i find the correct timelines for PWD and PERM?
 
SS0033 said:
I was trying to keep my questions in one thread.

Do we have to start a new thread every time we have a question (who's answer we cannot find) ?
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Each forum is for a certain topic. This forum is not about PERM. As simple as that! Please take your PERM questions to the proper forum for PERM.
 
The only reason we even entertain GC questions here is because of the overwhelming misinformation about the inability to go from TN to GC.

But, really, GC, I-140, PERM, I-485 questions all have their place ... elsewhere.

And you will get MUCH better answers there.
 
nelsona said:
The only reason we even entertain GC questions here is because of the overwhelming misinformation about the inability to go from TN to GC.

But, really, GC, I-140, PERM, I-485 questions all have their place ... elsewhere.

And you will get MUCH better answers there.
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Sounds good. Will that in mind for next time.
 
We should be ready to file for PERM in June 2018 and looking at the timeline for approval, lets say it should be approved by Nov/Dec 2018.
Once i get the approval, i'll move my wife and kid to US and file for I-140.

But, my TN expires in April 2019 which i think i have to renew for sure.
If i apply for I-140 before April 2019, there is a possibility of denial due to dual intent.

Is it a good idea to postpone the submission for PERM for couple of months ?
This way i can push the PERM approval till March 2019 and get new TN in April 2019 and continue on with the process.
 
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1. There is no need for anyone to be in US to file I-140. Please don't confuse I-140 and I-485.

2. There is NO possibility of dual intent solely by filing I-140. This is CLEAR, in at least 2 memos, from both CBP and USCIS. Again, this is NOT I-485.

3. PERM should NEVER be delayed. In fact, nothing in this process should be delayed except for I-485, and then only in the case where one is not in US at the moment, or ones TN is soon coming due. Neither PERM nor I-140 are an impediment to getting or entering US on TN.

have you not read the curiousgeorge post?
 
nelsona said:
1. There is no need for anyone to be in US to file I-140. Please don't confuse I-140 and I-485.

2. There is NO possibility of dual intent solely by filing I-140. This is CLEAR, in at least 2 memos, from both CBP and USCIS. Again, this is NOT I-485.

3. PERM should NEVER be delayed. In fact, nothing in this process should be delayed except for I-485, and then only in the case where one is not in US at the moment, or ones TN is soon coming due. Neither PERM nor I-140 are an impediment to getting or entering US on TN.

have you not read the curiousgeorge post?
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I just went through CURIOUSGEORGE's Post again.

"Renew your TN via mail if necessary (not at the POE/PFI). The reason for this is that some less experienced officers at the POE/PFI may incorrectly deny you entry in TN status when you attempt to renew and they see that you have a pending I-140, so to avoid this error, renew by mail at this stage. NSC has clearly stated that this is acceptable."

I was planning on going to POE to renew the TN/TD as there are more chances of success. (I am in Phoenix, AZ)
Is POE a safe bet or should it be always via mail ?

Also, i was curious to know if while renewing TN while having approved I-140, how do you answer the officer for why i am applying for a TN as i already have an approved I-140 ?

My goal here is to have my family in US right after PERM approval so that we can qualify for the 90 Day Rule for I-485 as soon as possible.
 
SS0033 said:
I just went through CURIOUSGEORGE's Post again.
I was planning on going to POE to renew the TN/TD as there are more chances of success. (I am in Phoenix, AZ)
Is POE a safe bet or should it be always via mail ?
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-- POE will be quicker - especially if you are in Phoenix. Any approach is ok as long as your paperwork / documents are in order.

Also, i was curious to know if while renewing TN while having approved I-140, how do you answer the officer for why i am applying for a TN as i already have an approved I-140 ?
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-- Mail option is better if you are worried about facing the officer (Though I doubt this question will be asked - My TNs were approved - both at the border and by mail as well - while my I-140 was approved)
 
Refer him to the CBP memeo listed in curiousgeorge's reference section.
As bigboy pointed out, officer will not likely know about I-140, while USCIS will definitely know. But, either way, I-140 is NOT an impediment to TN approval or entry. BOTH arms of the DHS (CBP and USCIS) have memos issued preventing TN refusal on basis of I-140.
 
Thanks again NELSONA and BIGBOY00 for the input. I had my doubts but now they are crystal clear.

One more quick question:
If everything goes smooth, by April 2019 (Renew TN) we will be passed our 90 day period with approved I140.
We will be travelling to a POE close to Phoenix, AZ (San Diego, CA)

Do we have to cross the border to Mexico/Canada and come back to US for TN or is there a way we can just go to US custom without leaving the country (it wouldn't reset the 90 days) ?
 
your worrying about nothing my friend weather you wanna go to POE or by mail to renew your TN you'll have no problems renewing i renewed my TN by mail with a approved I-140 with no problems and my husband got his TD with my approved I-140 @ the POE with no problems if you leave the US your 90 days restarts simple as that!!
 
SS0033 said:
One more quick question:
If everything goes smooth, by April 2019 (Renew TN) we will be passed our 90 day period with approved I140.
We will be travelling to a POE close to Phoenix, AZ (San Diego, CA)

Do we have to cross the border to Mexico/Canada and come back to US for TN or is there a way we can just go to US custom without leaving the country (it wouldn't reset the 90 days) ?
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-- *Most likely* you will visit the US customs office. Usually there is a parking lot - you park the car on the US side and go inside the office for any questions. Why do you want to drive 5 hours to San Diego? You could call Nogales to confirm about TN application and go there - it is about an hour away from Phoenix.
 
To specifically answer your last question, yes, you do have to exit US to get a border TN, regardless of which POE. So, your clock will restart at that time. Remember, the 2 things that restart your clock are: entering on TN, or filing for TN, so even if you did not physically leave US at POE (you do), you are considered as having left, and you are of course petitioning for a TN, both of which would restart your clock.

Your other (perhaps better) choice, is to file for TN renewal/extension by mail, which you can do six months early. Your clock would restart the day you mail the application, which could be as early as October, leaving you eligible for I-485 filing (assuming your priority date is current) as early late January, once you have your TN approval.


Do a mail-in, as soon as your family arrives in US, around October.
 
nelsona said:
To specifically answer your last question, yes, you do have to exit US to get a border TN, regardless of which POE. So, your clock will restart at that time. Remember, the 2 things that restart your clock are: entering on TN, or filing for TN, so even if you did not physically leave US at POE (you do), you are considered as having left, and you are of course petitioning for a TN, both of which would restart your clock.

Your other (perhaps better) choice, is to file for TN renewal/extension by mail, which you can do six months early. Your clock would restart the day you mail the application, which could be as early as October, leaving you eligible for I-485 filing (assuming your priority date is current) as early late January, once you have your TN approval.


Do a mail-in, as soon as your family arrives in US, around October.
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That changes everything.

Its not really worth it to move family till April 2019 if i go by POE.
I was a little hesitant on the mail in option as we see a lot of denials and RFEs. But this looks like the best option right now.
Let me research on how the mail option for TN works as i have never looked into it. (might have some more questions around it)
Also, my wife is a Canadian born and the plan is to switch to Canada under Cross-Chargeability .

Thanks again for all the help.
 
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your making your situation more complicated then it really is Renew your TN when u get it then worry about moving your family after since you don't want to bring them now as long as you got all the right documents to send in you shouldn't have no problem when i renewed my TN by mail didn't use no premium process and it just took a month to get approved..Cross-Chargeability and all that stuff is the least of your problems right now 1 step @ a time
 
The_Gift said:
your making your situation more complicated then it really is Renew your TN when u get it then worry about moving your family after since you don't want to bring them now as long as you got all the right documents to send in you shouldn't have no problem when i renewed my TN by mail didn't use no premium process and it just took a month to get approved..Cross-Chargeability and all that stuff is the least of your problems right now 1 step @ a time
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I am just getting opinions on which route to go.
But TN via Mail seems to be the best option right now and it will save a lot of time as well.
 
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