Still lots of ignorance about TN to GC

nelsona

nelsona

Registered Users (C)
http://shusterman.com/siu.html#3

I consider shusterman to be a pretty reputable firm, and yet look at the garbage they spout in connection with the possibility of TN getting GC:

Given the present one-year duration of TN status, it is impossible for most TN workers to immigrate to the U.S. through employment. If an employer requests our law firm to obtain permanent residence for a TN worker, our usual course of action is obtain a change of status for the worker from TN to H-1B if possible. However, given the H-1B numerical cap and impossibility of obtaining H-1B status for many TN workers including management consultants and registered nurses, we are often forced to tell the U.S. employer or the TN worker than this cannot be done.
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and
If the U.S. employer petitioned for a Canadian nurse early in her tenure, if the waiting times do not increase and if the RN does not travel outside the U.S. after the I-140 is filed, she may be able to achieve permanent residence in the U.S. That's a lot of "if's", but given the benefits, some Canadian RNs no doubt will elect to start the permanent residence process.
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deplorable lack of knowledge...

How many Cdns are getting shut-out of the GC based on such idiotic advice??
 
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It could be an issue for EB3 or EB2 oversubscribed if I-140 takes longer than 1year. TN visa with 1 year increment can be screwed if I-485 can not be filed within 1 year after I-140 has been filed.
 
sfmars said:
It could be an issue for EB3 or EB2 oversubscribed if I-140 takes longer than 1year. TN visa with 1 year increment can be screwed if I-485 can not be filed within 1 year after I-140 has been filed.
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See what I mean by complete ignorance being propagated?
 
This would require a change to the law (only H and L have such recognition).

Have you seen any law changes lately?
 
That makes basis for Shusterman's assumptions (TN is not dual intent by law) , but internal USCIS instructions can be changed at once by themselves.
 
sfmars,

Instead of apologizing for shusterman, just read and reread CuriousGeorge's post.

Tn is not dual intent...and so what? 100's of savvy TNers (non-shusterman clients obvioulsy) have gone from TN to GC with no shortned timeframe.
 
100's of savvy TNers (non-shusterman clients obvioulsy) have gone from TN to GC with no shortned timeframe.
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Thinking that new USCIS memo can end this practice ... which can be released any other month.
 
Yup, and TN can be ended tomorrow, what's your point.:confused:

Shusterman is flat wrong on this. So why are you hitching your boat to what he says?
 
sfmars said:
It could be an issue for EB3 or EB2 oversubscribed if I-140 takes longer than 1year. TN visa with 1 year increment can be screwed if I-485 can not be filed within 1 year after I-140 has been filed.
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I think this speaks volumes to your knowledge of TN to GC, so let's just send you to read (quietly) in the corner.
 
nelsona said:
I think this speaks volumes to your knowledge of TN to GC, so let's just send you to read (quietly) in the corner.
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I did not say if he is wrong or right.... I just said that TN potentially can cause some problems issues for some EB categories/countries to get green cards.

BTW: I personally do not trust Shusterman for many years and do not read him.

But in this case you need to re-read yourself what Shusterman said

The keywords for most TN workers
 
I did not say if he is wrong or right.... I just said that TN potentially can cause some problems issues for some EB categories/countries to get green cards.
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Keep digging....
 
nelsona said:
So shusterman's been doling out this wrong advice for what 10 years now?
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:D:D
Many so called "good" lawyers are misinforming people to this day. Just because a lawyer has a website to pepper people with his view, does not mean (s)he is correct.

I must say, when I started the GC process in Sept 2000, there were very few lawyers that would have agreed that TN to GC is a possibility. Even the majority of folks on this forum at the time were unaware that it was possible,(and in fact legal).
 
curiousGeorge said:
:D:D
Many so called "good" lawyers are misinforming people to this day. Just because a lawyer has a website to pepper people with his view, does not mean (s)he is correct.

I must say, when I started the GC process in Sept 2000, there were very few lawyers that would have agreed that TN to GC is a possibility. Even the majority of folks on this forum at the time were unaware that it was possible,(and in fact legal).
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Just wondering

What was the the problem to switch to H1 from TN sometime at the end of 90s ? There was no H1 lottery in 1998. Or may be some "stupid" lawyers thought it was not possible to change TN to H1.

I do not protect lawyers including Shusterman, I think they did not want to have problems with TN, because the process was not straight forward for them (TN-> EB green card). It was more preferable to switch to H1 first then start the green card.

BTW: I am here on H1 since 11/1998 myself and my first approved LC I got in 09/2000 in California (Never changed to any other visas)
 
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sfmars said:
What was the the problem to switch to H1 from TN sometime at the end of 90s ? There was no H1 lottery in 1998.
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Keep in mind that some people qualifying for the TN do not qualify for the H1. Even discounting that, it's extra time and expense that is completely unjustified. Today more so than ever, a few weeks or months delay in setting a priority date or filing an application can cause several extra months delay down the road.

I think they did not want to have problems with TN, because the process was not straight forward for them (TN-> EB green card). It was more preferable to switch to H1 first then start the green card.
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I don't believe that an attorney serves his or her clients well by minimizing risk or taking too conservative a stance. The entire purpose of retaining a trained, experienced attorney is to have someone who can recognize the risks and the benefits that taking said risks can provide, and being able to articulate them to the client so that he or she can make their own decision as to how much risk can be undertaken.

The decision to do TN->GC or TN->H1->GC is solely up to the alien, IMO. They have the most at stake. To have an attorney take an unnecessarily conservative approach that can harm the alien down the road is poor practice.
 
sfmars said:
What was the the problem to switch to H1 from TN sometime at the end of 90s ? There was no H1 lottery in 1998. Or may be some "stupid" lawyers thought it was not possible to change TN to H1.
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- Additional costs
- Additional delays
- And as TheRealCanadian said, not everyone qualifies for an H1b, as some of the TN categories have lesser requirements than a H1b visa.

BTW I never said anyone was "stupid".
 
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