Indian born Canadian Citizen

B

bobbyr1975

Member
Hi

I'm born asian Indian and Canadian citizen. I've been in the US on and off from Oct 2015. I'm on TN now and I have applied for my i-130. Is there a chance I can get an EAD as soon as I have my i-130 approved or continue to renew TN till my priority date becomes current which for India is 15 years....Just want to see if there's anyone who went through the same process or understand what my options are.....
 
What category are you in? Who petitioned you? I am guessing that you were petitioned by a sibling and so are in the F4 category?

You can only apply for Adjustment of Status or Consular Processing when a visa number is available. And you can only apply for an EAD when you apply for Adjustment of Status. A pending or approved I-130 does not give you any benefits to stay in or work in the US.
 
My sibling who is a US citizen is sponsoring me for F4 category GC. So I want to check if there are any other options for me to get EAD while I wait for my time to file i-485 as I understand the current timelines immigrant visa to be available is 15 years.......
 
bobbyr1975 said:
My sibling who is a US citizen is sponsoring me for F4 category GC. So I want to check if there are any other options for me to get EAD while I wait for my time to file i-485 as I understand the current timelines immigrant visa to be available is 15 years.......
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Not based on your sibling visa petition. You are free to try get another visa such as a work visa of course.
 
Amberleaf said:
read the TN to GC thread here:
https://forums.immigration.com/threads/curiousgeorge-tn-gc-link.339271/
TN to GC can be tricky, and must be properly planned.
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I read those details from curiousgeorge before. But I am not a born Canadian citizen. Like I said I am Asian Indian naturalized Canadian citizen and so are both my kids and wife. From what I understand, we need to ensure that we have a valid work permit valid long enough to complete i-485 and also receive green card or atleast EAD and travel doc to avoid any complications. Since I am a Asian Indian born, the timelines are over 15 years and I can consider consular processing rather than adjustment of status..Do you have any alternative suggestions or thoughts... I can reach out to a immigration lawyer incase you think of any potential alternatives....

thanks
 
bobbyr1975 said:
I read those details from curiousgeorge before. But I am not a born Canadian citizen. Like I said I am Asian Indian naturalized Canadian citizen and so are both my kids and wife. From what I understand, we need to ensure that we have a valid work permit valid long enough to complete i-485 and also receive green card or atleast EAD and travel doc to avoid any complications. Since I am a Asian Indian born, the timelines are over 15 years and I can consider consular processing rather than adjustment of status..Do you have any alternative suggestions or thoughts... I can reach out to a immigration lawyer incase you think of any potential alternatives....

thanks
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The only options are finding another route to stay legally in the US to await i485, which may be problematic given the lengthy time involved, or do consular processing. How old are your kids by the way - is there a risk that they age out while you are waiting?
 
I do have that risk of my kids age out, while I am waiting. They are 14 & 12. H1B is a lottery and I already lost once and its got difficult for someone who'd do it for you and pay market rate. I have explored the option of working for IT services company to sponsor and it didn't work out. I lost 3-4 years in that. I don't have a million for EB5 :):).... Any other options? As of now, for me, the only route I can think of is continue on TN till I get closer to F4 immigrant visa availability and do consular processing... have any other suggestions?
 
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