Tn 2 Gc

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Byteless

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I have spoken to my company to sponsor me for Green Card, and for that purpose I thought that I have to change my status from TN to H1B. Thats the reponse the company got from their lawyer.


No more new H1B is available until October 1, 2008, unless he has a master degree from a U.S. college, repeat U.S. college. Since he has only a Master degree outside U.S., he cannot take advantage of the exemption.
Therefore, he has to start the Labor Cert., while in TN status, and change to H1B later in October 2008. (Labor Cert. process takes months and I-140 takes about 1 year, and thereafter, he may need to wait for years before his visa number comes up.)


Is that correct? i mean if you have no North American Master Degree, then the que is upto 2008???

What other directions I can give the company to follow to get GC?

Thanks alot.
 
Shyboy said:
I have spoken to my company to sponsor me for Green Card, and for that purpose I thought that I have to change my status from TN to H1B. Thats the reponse the company got from their lawyer.
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The lawyer is 100% wrong.

Therefore, he has to start the Labor Cert., while in TN status, and change to H1B later in October 2008.
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No he doesn't. My LC was filed for and approved while I was on TN status. I managed to get a TN with an approved LC from another company. In fact, a filed or approved I-140 should not cause a TN renewal to be denied.

You need to go ahead despite the lawyer's advice, or find a lawyer with up-to-date info instead of stuff from 1996.
 
A Quick question

I was reading the procedure that you mentioned, and have some questions.
Satge 2: PERM -> I-140

There is no problem until that, after I-140 approved, I will get my TN renewed (does it matter how many months left, lets say I have 6 moths left, can I still send it for renewal?, how long it will take to get PERM approved and I-140 approved?)

once I renew my TN at this stage then
STAGE3: File the I-485+EAD+AP
how long it will take??? I know that at this stage I am not eligible to renew TN (nor I need to after getting EAD) but let say that on worst case I was denied I-485 for any reason (I have no traffic conviction nor any criminal record) Do I ever eligible to get TN again in my life????

That is the major question comming up in my mind.

I mean am I in-eligible for this specific employer or any employer for TN?

Do I get the H1 later if I-485 denied???

What is the alternates if I-485 denied, how can I work back in US?

What are the exact cons and pros for taking this path??

I will really appriciate for you help guys.

Thanks once again.
 
Shyboy said:
does it matter how many months left, lets say I have 6 moths left, can I still send it for renewal?,
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Even for a regular TN renewal (i.e. one that was not trying to get a green card) 6 months is still resonable. I've seen some of my coworkers' TN renewals take over 5 months in the past.
Shyboy said:
how long it will take to get PERM approved?
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Plan on 12-18 months. This is very dependant on the processing times in your area, and if you get any issues that need to be resolved
Shyboy said:
and I-140 approved?
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Plan on 6 to 12 months. Again, similar caveat as PERM.

Shyboy said:
File the I-485+EAD+AP how long it will take???
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God only knows, and I'm not kidding. Not only does this depend on processing dates in your area, any issues that need to be resolved with your specific case, which EB category you fit into, but also the dates for visa availability which are not current, and you would also hit that roadblock today. When you get to this stage, the world may be completely different. Plan on 2-4 years for this to get completed, and you'll burn through about 3-4 EAD and AP applications in the interim.

You can check the processing dates at the USCIS web site, and you can find the visa availability dates for your country of birth at the Department of State website, on the visa bulletin.

The best thing you can do is read through the wealth of information from people who have gone through or are going through this process on this forum. They all have different yet similar stories to tell, and you can learn alot about how it takes and why.
Shyboy said:
but let say that on worst case I was denied I-485 for any reason (I have no traffic conviction nor any criminal record) Do I ever eligible to get TN again in my life????
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Technically speaking, after having applied for an I-485 you are never eligible to apply for another TN ever again, even with another employer. Realistically, you might qualify for another TN, if the I-485 was explicitely denied, or if it was offically withdrawn in writing. If the I-485 was simply abandonded, then you would have a lot more difficulty getting a new TN, until the I-485 is adjudicated (i.e. denied). You would probably need to provide proof of denial and/or the receipt of the withdrawal. This is not a common piece of documentation requested of the USCIS, and so a lawyer would probably need to get involved to get this for you.

Keep in mind that even if you applied for an H1b prior to applying for an I-485, then you could be in a very similar quandry. If your H1b was over 6 years old, and your I-485 were to get denied, then you would not be elgible for another H1b unless you retturned to your country for at least 1 year.

Shyboy said:
Do I get the H1 later if I-485 denied???
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Yes, this would be an option

Shyboy said:
What is the alternates if I-485 denied, how can I work back in US?
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Any visa that allows for dual intent, such as H1b, or L1.

Shyboy said:
What are the exact cons and pros for taking this path??
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I am sure Brian can list a few more since he seems to be an advocate for consular processing, rather than adjustment of status. The worst case scenario is the one you listed. Another con is that you cannot travel between the time you applied for I-485, and before getting an advance parole. The third is that you need to be a little bit more congnizant of your TN/EAD/AP expiry dates. Other than that, its essentially the same process as if you had first switched to H1b.
 
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GC from texas

What's the estimated processing time for the steps above for a canadian systems analyst on TN applying from Dallas, TX? Is that related to the Nebraska center? or something else? I would like to go directly for the GC and follow the steps mentioned above.

Is this correct for my situation (I have 8 months left on my TN starting from scratch)?
step 1: Perm (job AD in newspaper first?)
step 2: I-140
step 3: I-485+EAD+AP
 
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Marc07 said:
What's the estimated processing time for the steps above for a canadian systems analyst on TN applying from Dallas, TX?
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Ballpark figure: 3-5 years. Whether adjusting status from TN or not, this fact alone has little affect on the overall timeline.

Marc07 said:
Is that related to the Nebraska center? or something else? I would like to go directly for the GC and follow the steps mentioned above.
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Although your TN renewals will be filed at Nebraska (actually I think they all go to the Vermont Service Center now), the perm is filed with the Department of Labor:
http://www.ows.doleta.gov/foreign/perm.asp
But the I-140, and I-485 would be filed at the USCIS Texas Service Center which has jurisdiction over Dallas.

Although its good to educate yourself on this procedure, I do recommend you retain a qualified attorney rather than taking on the feat yourself.

Marc07 said:
Is this correct for my situation (I have 8 months left on my TN starting from scratch)?
step 1: Perm (job AD in newspaper first?)
step 2: I-140
step 3: I-485+EAD+AP
Click to expand...

The steps are clearly explained ad nauseum here:
http://www.immigrationportal.com/showthread.php?t=152852
After you read the whole thing, and you still have specific questions, come back and ask.
 
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Thanks curiousGeorge,

curiousGeorge said:
Ballpark figure: 3-5 years. Whether adjusting status from TN or not, this fact alone has little affect on the overall timeline.

Is this for the full GC? I am more concerned about the EAD and AP for TN purposes.


curiousGeorge said:
Although its good to educate yourself on this procedure, I do recommend you retain a qualified attorney rather than taking on the feat yourself.

Yes I will get a lawyer, but usually they say go for H-1, so I want to explain it to them well enough. I want to get my EAD as soon as possible as well as the AP. Is 8 months on the TN enough for those 2? I dont really need the GC I just want to be able to work for anyone anytime.
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Marc07 said:
Is this for the full GC? I am more concerned about the EAD and AP for TN purposes.
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That is soup to nuts. First advertisment until you get the GC in your hand.
Perm might take you 3 to 18 months depending on how (un)lucky you are.
The I-140 might take you 6-18 months.
Then you need to wait for visa numbers to be available. This is a big question mark with the amount of info you gave me. It depends on which country you were born in (you mentioned you were from Canada, but didn't specify if you were born in Canada). It also depend on which employment base category you would apply in. So for the sake of this post, I will assume you were born in Canada, and you qualify for EB3, in which case if you took my worst case scenario from PERM and I-140 (ie 18 months + 18 months) and also assuming that the priority dates would be similar to what they are today (which in itselfis a leap of faith) then you would still need to wait another 2 years from that poin before you can file for an I-485. (if my math is right, we're up to 5 years already) At this point you would be eligible for an EAD. It might take another 3-6 months to get an EAD once you send in the application.

If for example, you qualified for EB1, then you could skip the PERM and go right to I-140, and unless you were born in Mexico, or India, you could file the I-485 (and you EAD of course) right away after your I-40 is approved, so your timeline to getting an EAD in your hand would be 12-24 months.

This is in no way a science, and very very speculative. People have spent countless hours on this forum trying to predict how long thier case might take. There are too many factors that are out of your control to estimate a timeline accurately.

When I started my process, people were getting green cards in 6 -12 months after they filed thier labor cerification (pre PERM). one of my coworkers got his in 10 months, 30 days before I posted my first advertisement. My case took 51 months. A coworker of mine just got his. He started before me, and it took him 70 months.

Marc07 said:
Yes I will get a lawyer, but usually they say go for H-1, so I want to explain it to them well enough.
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The majority of lawyers will not touch your case unless you agree to switch H1b. All the explaining in the world will not convince these types of lawyers. They have thier reasons. You'll just need to shop around and find a lawyer that will process an adjustment of status for you while in TN status.

Switching to H1b is the first option they will offer you. The second one will be consular processing. The third option and the one that very very few lawyers want to risk taking is adjustment of status while in TN. Part of the reason is that its not as straight forward, and you the applicant play a big part in how succesful the process will be since you need to be congnizant of a few things, like the pitfalls I outline in my step-by-step. Its also more work for them because they also need to file an EAD and an AP aevery year for you. Most lawyers don't want to take the chance that the case will get denied just because you attempted to reenter the US without an AP, or if you tried to work at a second job using your EAD, but when doing so, you didn't declare your EAD on the I-9 to your current employer. These are just examples. The lawyers will just tell you that its not legal because a TN does not allow for dual intent, and they won't want any part of it. period. Just call another lawyer if this is what you really want to do, there are a few out there.
 
missin impossible

Thanks again Geroge. It sounds like mission impossible :S especially that the H-1 cap is full till next year. Is there an alternative to get my canadian wife to work part-time in US and study in community colleges at lower cost than international students? Would an TD to F-1 be my best bet?
 
Masters?

I spoke with a lawyer recently and he said you should at least have 5 years experience + masters degree before attempting green card to reduce processing time. Any truth to that? whats the processing time difference? Will a canadian masters in CIS do?
 
Currently there is some truth to that statement. By the time you get to the I-485 stage, its anyone's guess if things will be different.

EB3 is for people with a bachelors degree or equivalent. EB2 is for people with a masters degree and 5 years of experience. If you go look at the visa bulletin on the Department of State website, and if we assume you were born in Canada, you will notice that there is no waiting period for visa availability in EB2 for that country. The EB3 category (read: employment based 3rd preference category) on the other hand currently has a waiting period of 5.5 years for persons born in Canada. This is based on your priority date which is the date you filed the labour certification for the PERM. So if we were to assume you had just got your I-140 approved in EB3 today, chances are your priority date would be around Sept. 2004, and therefor you would need to wait another 3 years before there would be visa's available for you to file for I-485. This is referred to as retrogression. These times are just an example. IF of course you do not currently qualify for EB2 (i.e. you don't have a masters degree and 5 years of experience outside of the company that is sponsoring your green card) then all this is moot anyways.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

In fact if you qualified under EB2, and your date was current you would also be eligible to file your I-140 and I-485 concurrently. This might shave some time off the I-485 processing.

Having said that, these visa availability dates have a tendency of surprising everyone, most recenty for the worse, but around the year 2000, these dates suddenly became current, and it made little to no difference whether you had filed in EB2 or EB3. In fact many EB2 applicants ended up waiting longer than some EB3 applicants due to the processing times for I-140 and I-485 cases at the now-defunct-INS-office. There were fewer available officers qualified to process EB2 cases, and so those ended up getting delayed in many cases.

IF you don't have a master's don't even worry about this, by the time its your turn to file for I-485 the world may be a different place, and EB3 might be current as it was from 2000 through 2004. (cross your fingers)

Yes, a Canadian masters will do. Do you currently have one? If it takes you 2-3 years from today to get a masters, its not even worth considering. If you have one and the 5 years of experience, then go for it.

Also keep in mind, I beleive that the 5 years cannot be from the company that will sponsor your green card. Don't quote me in on that one though. I have little personal knowledge about EB2.

Also keep in mind that an EB2 case is scrutinized a lot more than EB3, so your company needs to be strong financially, and your case better have all its T's crossed.

By the way did the lawyer that you found agree to file an I-485 from TN status?
 
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curiousGeorge said:
EB3 is for people with a bachelors degree or equivalent. EB2 is for people with a masters degree and 5 years of experience.
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No. EB2 requires an "advanced degree", which means a Master's Degree or above. There is no experience requirement for EB2 if you have an advanced degree.

Where you may be confused with the 5 years is that an alien holding a Bachelor's degree plus 5 years' progressive experience may qualify for EB2, depending on how the LC is written. You are correct in stating that such a classification invites more scrutiny at the I-140 stage, but if you can clearly prove the experience it may be a significant advantage.
 
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