TD Status - Questions

D

Dileep Warrier

New Member
Hi there,

I am a Canadian citizen on TN status (3 year expiry). I just have a few questions regarding the TD visa -

1) Spouse being a citizen of India - she would require a TD visa stamp (from US embassy in India) to enter USA based on my legal TN status, correct? so basically the marriage certificate and a copy of my I-94 ?

2) How long would this process take - FROM the point where she goes to the embassy to show them the necessary documents UNTIL the time shes in the US with me? I know in Canada the immigration process takes 18 months to bring a spouse over on a legal visa - hope it is significantly shorter in the States?

3) Should I start the TN-->GC process now itself or only after my spouse is here with me on a legal TD visa ? I would want both of us to get our GCs - on my TN and her TD. But if there is no harm in starting my process a little earlier without causing any obstructions in her TD/immigration to US (which is hopefully done in less than a year) then it is advisable to start right away, surely?

Please let me know. Any help is greatly appreciated !!

Thank you,
Dileep
 
1). Yes, plus any required consular processing form, typically DS-160.
2). not very long. She is not immigrating to US (like she would be to Canada), she is merely entering US on non-immigrant status, much like a tourist. A week or two max.
3. Doesn't matter. The process to GC is quite long. her being here or there doesn't matter until the last stages, which if you were born in India will take a decade, and 2 years if born in Canada.
 
Thank you nelsona.
I am just worried about the steps involving the employer - PERM & I-140 ..hopefully most employers are okay with applying for a LC ? Is there any tips/suggestions offered to people attempting this ?

I started working here in Sept 2015 and am thinking of applying for a LC/PERM asap... (especially now that you said it does not matter if she is here or not).
Unfortunately for this process, I am born in India - guessing for the final process (I485 + EAD + AP), it will take the extra few years ? :(
 
It is completely up to your employer. Most will not bother to start the process with Indian-born because of the likelihood you won't last the entire process. So, not really a TN issue anymore. Go to the LC or GC boards and ask how to convince employer to sponsor an Indian.

At least on TN you are not limited to six years of work (like h1-B).
 
Hmm..that is true, I can keep renewing and working here with my TN status - and TD status for spouse.
1) So you are saying that I will have my EAD + AP, but will wait significantly for my I-485 approval, correct?
2) Would CP route be easier for Indian born ?
3) As CuriousGeorge outlines, spouse with TD should apply for I-485+EAD+AP+1 Affidavit of Support (1 fam. member) directly when I am doing so (after my I-140 approval). This is what you meant by 'later stages', I assume? And it is also essential for me to ensure her TD before I apply for I-140 (just to be fully safe) ?
I've posted in the LC board as per your suggestions.

Thank you for your support nelsona.
 
1. No. you will have along wait before even filing I-485/AP/EAD
2. No
3. This is so far off, I won't even discuss. you can renew your TN and TN for years after I-140. No timing issue is involved. You read the curiousgeorge post, nothing more to explain.
 
Is there a perk from going TN to H1B to GC ?

I'm just worried about this waiting for I485 procedure if I do not stay within the same company..
In what stage of TN --> GC is staying with the same company crucial ?
 
As long as it does not delay the start of your GC process (which should have started already). many firms delay beginning GC process until after the H1 is awarded. Since h1 is a lottery these days, this is NOT advisable.

You would need to stay with your employer until 6 months after filing I-485, which will be years from now. TN or H1 doesn't matter on these issues.

Have you even talked to your employer about GC yet? You need to read up on the process more. You don't have much say in the process, so asking timing questions is pointless.
 
I have not..i just came on this forum 3 days back. Only been in the states for about 3 months.

I realize that filing for the 485 will take years since my PD is not current and all that.
I also know employer files PERM and I-140.

My concern is with those two steps - what if I filed perm with one employer and found another employer after?
what about the same with I-140 ? I read that ur PD starts from the time you file the PERM except in case of EB1.
 
Those are PERM questions. have fun on the PERM/LC forum.
it is 100% in the hands of your employer for the next 6-7 years.
 
As Nelsona mentions, the process is long and tedious unfortunately esp. if you were born in India. Regardless of whether you are on TN or H1, start your PERM yesterday! PERM is specific to an employer + a geographic area generally. If you change employers, PERM would likely have to be redone.
 
Thanks Hello Mister.

Yea I talked to my boss today and he will talk to HR regarding the PERM.

I-140 would also have to be redone? if i stayed past the perm and filed I-140 PP and got it approved.
 
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