PERM Expiry

S

sunflower101

New Member
I was asking my employer to apply for GC from TN and they don't agree without H1B. Applied for my H1B this year without any luck. My TN and passport will expire on April 2018.

I pressed back again few weeks back and now they offer me this. They will start Perm process now. Will apply for H1B again in 2017. If I have Perm and H1B both approved in 2017 then they will go ahead with I-140 and I-485. If I don't get the H1b next year then they will "re-evaluate" based on my PERM approval timeline whether they will try for yet another H1B in 2018 or going to GC from TN. In their eye TN to GC is not the right way. I had to agree with their proposal because neither they gave me any other option nor they listen.

But I think PERM has a 180 days expiry if not applied for I- 140. So if I don't get H1B in 2017 and my PERM is ready then I have to go from TN to I-140 to avoid Perm expiry. Am I right?

Is there any similar expiry on I-140?

Thanks.
 
Yep 140 needs to be filed within 6 months of Perm certification. Assuming they start Perm process tomorrow, you're looking at ~1 year to file and to get approval.

Assuming you get perm approved in August 2017, you will have until January 2018 to file for your 140 before it expires and a new PERM will be necessary.

What all of the above means is that based on the proposal your employer made to you, they really need to make a decision after H1b lottery of 2017 and wont have time to wait for 2018 H1b lottery.

Steps in PERM: http://forums.immigration.com/threads/tn-to-gc-a-timeline.325537/#post-2411596
 
Thanks!!

If my TN and Passport expires in April, how early I can get a new TN? In case my PERM get delayed for 3-4 months then it may be good to get a new TN before proceeding further.
 
Agree.

My TN and passport expires in April 2018. Let's say I get my Perm approved on October 2017. In that situation, will it be better for me to get passport renewed and a new TN before applying for 140 & 485?

I can renew my passport one year before expiry. But how many months before my TN expiry I can ask for a new TN?

Thanks.
 
If I were in your scenario, I'd personally get my passport renewed and a new TN secured before filing for 485. This at least will give some backup status for you to continue working just in case the 485 were to be denied (EAD could be used while 485 is pending but if 485 were to be denied, you will be out of status IF you are using EAD). Do read nelsona's last post on this thread http://forums.immigration.com/threads/will-gc-process-hurt-tn-status.332199/ that explains some of this.

Technically, you could file for I140 after getting PERM in October but let it stay in regular processing. That will take you to ~february/march 2018 timeframe. Renew your TN/passport at that time and then file 485. Different ppl have different preferences, however, if I were in your situation, I'd likely want to continue utilizing TN status for as long as possible
 
- If I continue to be With TN and my 485 get rejected, will I be still using the TN till expiry? Or I will be out of status?

- Is there any expiry on 140? Otherwise why we should do regular processing if cost does not matter for my sponsor?

Thanks.
 
Applying for TN by mail (allowed six months before current TN expiry)does not require your passport to be valid for 3 years to get the full three years, it need only be valid currently, so that is an option. Only TNs at the border need passport to be valid for next 3 years to get an I-94 for 3 years.

But other than that, nothing in your case is unusual in terms of transitioning from TN to EAD to GC. Just follw the correct timeline when applying for I-485: 3-4 months or more left on TN. Don't use delay tactics on PERM.I-140 just to accomplish this. If you think your timeline won't give you the 3-4 months, then get the new TN buy mail and/or the new passport, or both.
 
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