Green Card through TN..Is it possible for an Indian born?

bigben3

bigben3

Member
Hello Everyone.Just a simple question..

I am from India. Moved to Canada and got Canadian Citizenship..

Now I am planning to move to the USA on TN visa..

My question is can I apply for green card through TN visa OR will it it be risky as am Indian born?
 
Risky as a opposed to what? Not trying? Marrying an American? What?

There is no risk in applying for a GC while on TN, you will either stick with the employer until you get GC or you won't. That is more a function of TN rather than GC application.

The slightly better strategy would be to start GC application immediately, while on TN, try to get an H1-B in the meantime (you will have several years of chances).
OR Marry a non-Indian (which would get you out from underneath the Indian GC quota) , or better yet, an American.
 
Thanks nelsona and Hello mister.

So the people in the thread who discuss about "Did you get your green card through TN visa successfully " must be born canadians or from other first world countries born. I think for them it would be possible to get in less time compared to india, China born etc.

I'm already married to an Indian. So green card through marriage is not possible.

I also have an approved i797 from a us company. I think it's better to get into states on h1 than tn visa and start the green card process.

So after being on h1 b status for a certain period, can I switch to tn. At that time will my green card process still continue??
 
People born outside India and China of course (at this time) have a shorter path to getting the GC. This said, remember that TN or H1 is just a 'status' for you to work in the US. As nelsona mentioned, you can start the GC process and continue to attempt for H1s.

Yes you can easily switch from H1 to TN, however, if 485 has been filed, that constitutes immigrant intent and will not allow for future TNs.
 
If I485 has been filed then one will use EAD or extend h1 indefinitely, so there would not be a need to revert to TN in any event.
Once you file I485 have lots of protection. It is getting there with a sponsor that is the hard — not risky — part
 
Hi I am a noob so my question is in line with this thread. So from what I hear the trick is to apply for GC the moment you get a TN status ..and while that is in process apply for H1? Why ? does the GC process become faster after getting on H1 and do we just transfer the file if the employer is the same? Does it also affect the spouse's chances of getting a TN status from TD?

P.S: I am posting here as I am also Indian descent and a Canadian Citizen
 
No, there is no trick. You can "apply for GC" anytime, before after at the end, whatever. All that you need to do is submit I-485 with at least 5 months left on one's TN, at which point you switch to EAD, which is simple. There is never a need to apply and get it all finalized under the same TN term. You never need to apply for H1.

It does not become faster under H1. It just removes any timing worries.
 
nelsona said:
No, there is no trick. You can "apply for GC" anytime, before after at the end, whatever. All that you need to do is submit I-485 with at least 5 months left on one's TN, at which point you switch to EAD, which is simple. There is never a need to apply and get it all finalized under the same TN term. You never need to apply for H1.

It does not become faster under H1. It just removes any timing worries.
Click to expand...


Wow that was very concise and clear answer - Thank you @nelsona
 
Just to add to nelsona's response: while you are waiting for your very first EAD and Advance Parole after you have filed I-485, you cannot travel outside the US (and that includes trips to Canada). You must have the physical AP in your hand before you can travel, otherwise you risk your I-485 to be considered abandoned. This is crucial because I've read on another forum about some fellow Canucks traveling during that time period. There was even a case where the person entered the US without showing her AP and that messed up her I-485. If I remember correctly, she used her Nexus card (Nexus or GE are out of the picture when one has a pending 485 because you must be processed when entering).
 
Forgot to mention why I said the above: I think that is the difference between being on a dual-intent (H or L) status when filing I-485 vs being on a non-immigrant status like TN. For example, you can get back into the US on H with a pending 485 (you wouldn't need AP) but that is not the case for TN.
 
There are really only 2 advantages of h1 over TN during this entire process:

1. as I said above, H1 is advantageous during the time after I-485 is filed and AP is not issued.
2. If you can't file I-485 and you have been on h1 for 6 years, your spouse can get an EAD. That is of use to Indians and Chinese who are backlogged.

So, if you are not a married Chinese or Indian, hardly worth the effort for h1.
 
I think the argument the lawyers sell to the employers is: if 485 is denied for whatever reason, the person can still fall on H/L and continue to work for the employer. But that argument kind of got weak over time as the odds of winning an H1 lottery became pretty slim. Otherwise, the ulterior motive for the lawyers is to make extra money for filing H1.
 
Thank you @OttawaSenators for the addon information. So my steps can be to apply for a job and change to TN status ..and apply for GC while on TN..now I can keep on applying for TN extension till I file my 485 and once I do I need to ensure I have around 6 month left on my TN status. Do we have to file under the EB2-EB3 category like all on H1 /L1 visa or is there a separate category for people filing thru TN ( I know stupid question- just clearing base). Also, do people use lawyers or kit for their first time TN status application ..what is the norm?
 
You have a LOT of hurdles to overcome, including getting TN -- you don't even have an idea where you will work yet . You need to educate yourself on these processes and come back when you have a legit question. There are lots of sites that describe in detail both the TN and GC process. Happy studying. Here we try to deal with current or unusual situations.

don't waste your money on a kit or a lawyer for TN. The TN process is designed to be simple without lawyers. Your sponsor will take care of this.

Your FIRM applies for GC, it takes years and they have to be VERY willing. Most are not, especially for backlogged countries like India/China.
 
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Hi Nelsona, A quick follow up - I was on TN since Oct-2019 in the US. Went back to Canada in Dec-2020. Back again in the US in Jan-2022. Completed 1+ year out of the US. All with the same employer. How do I go about applying for GC? Can I apply under EB1C? I am an Indian born
 
There is a pinned posting on the TN to GC process.
There is also a forum for GC process. And lots of info on internet on all the mechanics of GC and EB1C eligibility.
I suggest you read up.
Then ask one or two specific questions with regard to the TN to GC process.
 
Thanks Nelsona.. I had my company perform my assessment as an international manager (for L1A) and they determined I am eligible. My questions:
1. Should I flip to L1 before applying for GC or can I apply directly while on TN
2. Can I apply for GC with AOS or
3. Do I need to proceed via Consular processing
 
There is no need to flip BEFORE getting the GC process going, but should the GC process drag L1 is a "better" status, especially for spouses (for EAD). It makes little difference for the primary, since they will have EAD instead of TN anyways.

Read the thread on TN to GC.

But really, I would be more focused on seeing how your firm is going to make the case for EB1C, which is not straightforward, since TN is not managerial, and you are wanting to be considered exceptional manager.
 
Thanks Nelsona.. Spouse is on L1B. Will keep the forum posted.. The reason I asked if I need to flip or not, is mainly due to the timing. EB1 has rarely been current for India born.
 
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