New TN 3-yr rule and TN >> GC route

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Canadian2GC

Registered Users (C)
I am new to this, very confused needless to say.

I am here on TN, trying to get my GC. My attorney said the safest way to start the GC process is to apply for the H1B lottery. He advised against going the TN >> GC route, he said too risky if not timed properly.

I read CuriousGeorge's long thread as well as others who said they went straight to GC from TN, contrary to what my attorney said.

My question for the forum:

If the new TN 3-year status rule becomes reality, do you guys think it will be easier to go the TN >> GC route since we will have 3 years instead of 1 year to work with?

I want to get my GC ASAP , but my attorney suggested that I try the H1B lottery and then apply based on EB3 category. The odds are 50/50 at best for the H1B, it may be years before I win the visa, I am worried my company will change their mind about sponsoring my GC if I wait any longer....

Any advice or suggestions would be appreciated....Thanks

also, if you guys have a REALLY knowledgeable attorney who has done many many TN>>GC cases before, can you send me a private message ????? (moderator, you can delete this last sentence if this violates forum rules)
 
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The 3-yr rule will make it slightly easier, as you won't have to worry so much about timing the submission of I-485. But one will still have to remain in US pending approval of the EAD to work and AP to travel.

as to your lawyers claim that the H1 route is 'safer'. Of course it is; so what? Driving to work in a HUM-V is safer too, but it is not timely and financially viable, is it.

You will have your EAD and AP before you even submit your lottery ticket if you act now, 3-yr rule or not.
 
nelsona said:
The 3-yr rule will make it slightly easier, as you won't have to worry so much about timing the submission of I-485. But one will still have to remain in US pending approval of the EAD to work and AP to travel.

as to your lawyers claim that the H1 route is 'safer'. Of course it is; so what? Driving to work in a HUM-V is safer too, but it is not timely and financially viable, is it.

You will have your EAD and AP before you even submit your lottery ticket if you act now, 3-yr rule or not.
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Thanks, I don't mind having to remain in the US and not travel for years.

I suppose I can still work under TN status while working on getting the EAD, there will be no conflict, correct?
 
Well, you can only get EAD when you file I-485, which thus puts an end to TN renewals or entry on existing TN.

So, while you might like to remain in US for 'years', there is a 4-month period in which you would be absolutely stuck in US -- no funerals, no nothing --, pending EAD and AP after I-485 submission.

If you have read CuriousGeorge's post on this subject, you would not be asking these questions.
 
nelsona said:
Well, you can only get EAD when you file I-485, which thus puts an end to TN renewals or entry on existing TN.

So, while you might like to remain in US for 'years', there is a 4-month period in which you would be absolutely stuck in US -- no funerals, no nothing --, pending EAD and AP after I-485 submission.

If you have read CuriousGeorge's post on this subject, you would not be asking these questions.
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Thanks.

I am sorry, I did read his post, but it was at least 10-15 pages, I read it once only, couldn't retain all the information in one shot.
 
You better read curious george's post about 20 times until you fully understand every intricate detail.

Putting you your faith blindly in the hands of others will only get you what you deserve - disappointment.
 
I think it might depend also into which row you are applying for GC. My company lawyers does not want to go TN->GC, only H1B -> GC since they said I would need to apply in EB3 and the I-485 would not be filed before at least 2-3 years which makes future TN problems...
 
Canadian2GC said:
Thanks.

I am sorry, I did read his post, but it was at least 10-15 pages, I read it once only, couldn't retain all the information in one shot.
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what simsd sez. This is too important for you to go off half-cocked.

I think it might depend also into which row you are applying for GC. My company lawyers does not want to go TN->GC, only H1B -> GC since they said I would need to apply in EB3 and the I-485 would not be filed before at least 2-3 years which makes future TN problems...
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same for you lavoie, its not the length of time until the GC that matters, since until you submit I-485 you can always get TN, and after, you will get EAD. I-140 is NOT a bar to getting TN.
 
I have the same concern as Seblavoie. Since I was born in mainland China and falls into EB3 category which has a long backlog, it may be years for me to reach the I-485 step. Although officially I-140 does not bar TN, I think it is really the CBP officer's call. If the officer sees I-140 is approved or pending while I am trying to renew TN or even enter US from abroad on unexpired TN status, it may give them enough grounds to deny my TN renewal or entry into US. I have two questions:

How risky is it go with TN -> GC route?

Can I file I-140 while on TN and apply for H1B at the same time?
 
You can apply H1 even after applying for I-485 if you want.

You can fins all kins of excuses for not filing for GC.

You can file, your TN will npot be revoked, and appling by mail is guaranteed to be approved.

You already face a 6-7 year wait. wanna make 10-12? wait for h1
 
superjk said:
I have the same concern as Seblavoie. Since I was born in mainland China and falls into EB3 category which has a long backlog, it may be years for me to reach the I-485 step.
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Super, do you know of a website where we can get an idea how bad the backlog is for different countries?
 
Canadian2GC said:
I am new to this, very confused needless to say.

I am here on TN, trying to get my GC. My attorney said the safest way to start the GC process is to apply for the H1B lottery. He advised against going the TN >> GC route, he said too risky if not timed properly.
Click to expand...

If I may be so bold as to suggest you find a new attorney post-haste. I have run into this "TN - H1B - GC" song and dance twice in the past 2 years.
I'm still looking for a company that is willing to "think outside the box" with regards to immigration sponsorship. Sadly, this seems to be akin to "looking for a needle in a haystack".
There are lawyers who will gladly shepard you through a TN - GC unfortunately you may be hard pressed to find a corporate sponsor willing to go this route.
 
nelsona said:
You can apply H1 even after applying for I-485 if you want.

You can fins all kins of excuses for not filing for GC.

You can file, your TN will npot be revoked, and appling by mail is guaranteed to be approved.

You already face a 6-7 year wait. wanna make 10-12? wait for h1
Click to expand...

How do you know applying by mail is guaranteed to be approved? How sure are you about this?
 
superjk said:
How do you know applying by mail is guaranteed to be approved? How sure are you about this?
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Here is a quote from Appendix C from my 21 steps for Tn->GC:

"The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN status] if the alien’s intent is to remain in the United States temporarily. Nevertheless, because the Service must evaluate each application on a case-by-case basis with regard to the alien’s intent, this factor may be taken into consideration along with other relevant factors every time that a TN nonimmigrant applies for admission, readmission or a new extension of stay. Therefore, while it is our opinion that a TN nonimmigrant may apply for readmission in the TN classification, if the inspecting officer determines that the individual has abandoned his or her temporary intent, that individual’s application for admission as a TN nonimmigrant may be refused."
Letter from Yvonne M. LaFleur, Chief, INS Business & Trade Services Branch
(posted on AILA InfoNet as “I-140 Filing Not Dispositive for TN” (June 18, 1996)).


Quote #2 reinforces the statement made in Quote #1, and now there was no doubt that a pending I-140 alone does not make one inelgible for TN status:

"After considerable discussion between the Nebraska Service Center and AILA's NSC Liaison Committee, the NSC now indicates that the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial. The NSC, which has exclusive jurisdiction over TN applications made on Form I-129, had previously indicated that NSC adjudicators were being told to deny TN applications if an I-140 immigrant petition has been filed on the individual's behalf. The basis of the denial had been that the individual no longer has nonimmigrant intent."
AILA InfoNet, “NSC Backs Off I-140/TN Policy Change” (posted on AILA InfoNet at Doc. No. 02111431 (Nov. 14, 2002).
 
On part 4 question 7 of form I-129, it asks the employer whether an immigrant petition has been filed for the applicant. If I-140 is filed, then the answer is yes. How do you convince the immigration officer that there is no immigrant intent?
 
nelsona said:
Isn't anyone reading your missive?!
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Seriously! I even tried to add a happy ending, to keep the reader gripping the edge of their seat :)

I suppose its too long for the average TN to GC applicant. Really folks, this is some of the best free advice money can buy.:D:D:D
 
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