GC from TN Visa through EB3
- Thread starter SS0033
- Start date
SS0033
Member
Yes, he will hold the job for me till i get the GC.
I talked to my Attorney and he insist on me to go back to Canada and wait for interview and not jeopardize the GC process.
Looking at the timeline for others, i should see something in May-June. TN expires on 17th April.
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SS0033
Member
My only concern is the cranky officer.
If i go through I-129 route, how will that work concerning my TN expires on April 17th and there is no decision made before that date?
nelsona
Registered Users (C)
I-129 benefits from a 240-day grace period if a decision is not made, in which you continue to work under pending status -- as long as you stay in US. If you leave US after 4/17, you would need to apply at border to re-enter. It is a choice. You will need to do something before 4/17.
In your case, this would simply be a file-and-forget petition, since you will presumably be going for GC interview before hearing back.
In your case, this would simply be a file-and-forget petition, since you will presumably be going for GC interview before hearing back.
SS0033
Member
is there a chance of counting that as overstaying after the visa expires?
I'll lay all these options down to my Attorney. We got to make a decision this week.
He wants me to head back to Canada and wait.
Also, is it a bad idea to switch it over to AOS at this time?
nelsona
Registered Users (C)
You need a status to work and live in US. Are you not working now? Would your employer put up with not having you until you get your GC? Do you have an interview date yet? Do the tracking websites give you any indication as to when it will be? why on earth would you go to Canada and wait?!
Remember, nothing that could happen with an I-129 that would jeopardize your GC process. If it is finally denied (and it can take months to process during which time you keep working) then you simply go to Canada and wait. Not before.
There is nothing to be gained by switching to AOS now. You would only do this after getting new TN.
Here would be my preferred scenarios, in order sense:
1. Stay in US, and apply for I-129 a couple of days before 4/17. Non-premium processing so that it sits on a desk.
2. Go to Canada after filing I-129, for some important/urgent reason other than getting TN, and apply for TN on re-entry. Carry absolute proof that you have filed for Consular processing. If denied, then wait for GC interview.
3. Do I-129 premium processing before 4/17. This way you get your answer and no doubt anymore. if denied, then go to Canada and wait.
4. Go to Canada before 4/17 and get new TN. Carry absolute proof that you have filed for Consular processing. If denied
5. Go to Canada for no reason, not even try to get TN, and sit there. What a waste!
#1 is really the only logical choice.
#2 handles emergencies.
#3 is worse that #1
#4 would put you out of US for longest period
#5 is poor advice
Remember, nothing that could happen with an I-129 that would jeopardize your GC process. If it is finally denied (and it can take months to process during which time you keep working) then you simply go to Canada and wait. Not before.
There is nothing to be gained by switching to AOS now. You would only do this after getting new TN.
Here would be my preferred scenarios, in order sense:
1. Stay in US, and apply for I-129 a couple of days before 4/17. Non-premium processing so that it sits on a desk.
2. Go to Canada after filing I-129, for some important/urgent reason other than getting TN, and apply for TN on re-entry. Carry absolute proof that you have filed for Consular processing. If denied, then wait for GC interview.
3. Do I-129 premium processing before 4/17. This way you get your answer and no doubt anymore. if denied, then go to Canada and wait.
4. Go to Canada before 4/17 and get new TN. Carry absolute proof that you have filed for Consular processing. If denied
5. Go to Canada for no reason, not even try to get TN, and sit there. What a waste!
#1 is really the only logical choice.
#2 handles emergencies.
#3 is worse that #1
#4 would put you out of US for longest period
#5 is poor advice
SS0033
Member
Quick question regarding the below options:
Scenario #1 and #2 only:
- Once i file for I-129, if i visit Canada(or leave US), i cannot return to US after 04/17.
- In any scenario i want to come back to US after 04/17, i can apply for TN on border while my I-129 is in process. Right?
SS0033
Member
On a side note, i called NVC for an update.
They advised me on looking into expedite option. I have to email NVC laying out the concerns and they will send it to the embassy for review.
If they approve, its good enough. If they decline, i will be back to the queue i was already in.
is it worth taking the risk, considering my concern will be taking a break from employment once my TN expires ?
They advised me on looking into expedite option. I have to email NVC laying out the concerns and they will send it to the embassy for review.
If they approve, its good enough. If they decline, i will be back to the queue i was already in.
is it worth taking the risk, considering my concern will be taking a break from employment once my TN expires ?
nelsona
Registered Users (C)
Of course you can come back after 4/17: by petitioning at the border, whether you have an I-129 in the works or not. If successful, you would then cancel the I-129.
I have no idea about CP expediting. That would be for a CP forum. What "risk" are you worried about?
Nor do I understand what you mean by "taking a break from employment once my TN expires". Is your employer OK with this? You certainly need to plan to work after you get GC, or it will be denied at the interview.
I have no idea about CP expediting. That would be for a CP forum. What "risk" are you worried about?
Nor do I understand what you mean by "taking a break from employment once my TN expires". Is your employer OK with this? You certainly need to plan to work after you get GC, or it will be denied at the interview.
SS0033
Member
Regarding expediting: My concern is based on employment only since its an employment based GC.
If i ask for expedite, it will be based on my TN & Employment ending 04/17 and i needs the interview expedited. Definitely, there will be a break in employment till i get the GC. Can this break in employment cause any risk to the GC process?
And i will be working with my Employer after the GC as well.
nelsona
Registered Users (C)
Whether or not they expedite you, you would still apply for your new TN before 4/17. It is not either-or. You can't sit there hoping for expedited. you apply for expedited CP AND you submit your I-129. They can't prevent you from trying to maintain your legal status.
Why do you keep insisting that there will be a break in employment until you get GC? At most it will be the time it takes for your processing and interview In Montreal, which is usually a couple of weeks, in which time you take vacation from work. You do get vacations, right?
There is no break in employment involved here.
Why do you keep insisting that there will be a break in employment until you get GC? At most it will be the time it takes for your processing and interview In Montreal, which is usually a couple of weeks, in which time you take vacation from work. You do get vacations, right?
There is no break in employment involved here.
SS0033
Member
I just had a chat with my lawyer and explained all these scenarios. He wants me to go for #4 as with I-129 you there is a column where we got to disclose the GC process and that could be a risk. He is not a TN lawyer and i assume he's not confident on this side of things and do not want to take a chance. Knowing him, I was expecting him to pick #5 tho
Looks like i really got to sell myself at the interview for #4. Also, we will be drafting an "Expedite CP" email and sending it tomorrow.
nelsona
Registered Users (C)
A risk to what? Not your GC process. Only to your TN. The border will also look this up, so he has fear of I-129 (which will sit on a desk for months while you continue working and ultimately get GC), but no fear of sending you to the border with your ass hanging out. Strange.
To me, neither is dangerous, but your lawyer is saying (incorrectly) that I-129 is more dangerous, Crazy.
To me, neither is dangerous, but your lawyer is saying (incorrectly) that I-129 is more dangerous, Crazy.
SS0033
Member
TN is not his forte
.I have started to gather the documents needed for border TN and will be trying it on 6th April weekend.
nelsona
Registered Users (C)
Your TN letter should incorporate job description.
At border you are always asking for a new TN, not an extension (which would be done with I-129 from within US). Your letter however, could mention that you are already employed in either case.
You've done this before, why all these basic questions?
At border you are always asking for a new TN, not an extension (which would be done with I-129 from within US). Your letter however, could mention that you are already employed in either case.
You've done this before, why all these basic questions?
SS0033
Member
Perfect. Thanks
I have got new TN for different employers before, so new job letter every time. My employer raised this questions as he was thinking on how its done with H1 extensions. just wanted to clear all doubts.
why did you do consular process? in the first place? why does your situation seem so complicated when it shouldn't be??