Regarding GC on TN in the current economic situation.

[sabih]

I am thinking of initiating my GC process with my current employee. They however told me that they have some reservation about sponsoring a TN status holder. They are of the view that during the LC or I-140, they might be audited about the employee's status which may result in the cancellation of my TN (being a single intent). I know for a fact that many people on this forum have successfully gotten their GC while being on TN. Is it a good time in this economic down turn to go for that option while being under the threat of auditing. Does USCIS inquire about employee's status during LC or I-140 at all? My employer also said that I would be better off being on an H1b which now is relatively easy to get in a couple of months. They basically have left that decision to me but they have put the options on the table indicating their possible threats/benefits according to their immigration law firm. Could both I-129 renewal and H1b application be filed at the same time by the same employer?

I would appreciate your comments on that.

 

[nelsona]

They are of the view that during the LC or I-140, they might be audited about the employee's status which may result in the cancellation of my TN (being a single intent).

This is impossible. I-140 does not indicate your intent.

If they want to get you h1, fine. But tell them in no way should this delay stating PERM. It will already take 6 or 7 years to get GC, don't waste anymore time.

Funny taht they don't know very much about TN from your other posts, but all of a sudden they are GC experts.

I hope you are still looking for a better sponsor...

 

[sabih]

That's what my understanding also and thanks for confirming that. Their suggestion was based on a recent incidence with them in which one of the I-140 for their employee was audited. Apparently a couple of uscis officers came to their office to verify the status of that h1b employee. Luckily there wasn't any thing they found and his I-140 got approved after his paroll record was shown. My employer is of the view that if something similar happens in my case with TN status, they might very well cancel it although as per my understanding that doesn't really matter during the entire process.

 

[sabih]

One more thing that I wanted to clarify was that my TN is about to expire in 2 months. If I file I-129 for renewal while my employer files an application for an h1b for me at the sametime, would that create a problem?

 

[nelsona]

Again, the lawyer is incorrect. The audit would be about the I-140 and the PERM, not with the work status, and there is nothing weong with a TN along with I-140.
The 2 I-129 are completely independent. How can asking for 2 separate non-immig statuses be troublesome?

Does your company always make up stuff when you ask them for something?

Of course, I'm a firm believer in going to the border for TN, so, if you feel so uncomfortable about dual I-129, feel free to go get TN at POE.

 

[sabih]

THanks again Nelson. Many firms these days really do come up with weird excuses. I am planning to go out of country in a couple of weeks and will be coming back in on aug 9th via jfk i.e about 1 month 10 days before my current tn expires. I will try to apply for a 3 years tn with my current firm on my way back. Not sure if they will be kind enough to do so that early as most just want us to go to them 2 weeks in advance at most.