TN but I-130 pending

[ahasnain]

Hi Nelsona, TRC, and others!

I am on TN status, an Internal Auditor living/working in Canada. As well, I have an I-130 pending through USC Mom (category 3 family). This I-130 is expected to be go through in approximately 4-5 years the way things are right now).

My objective: to open options to live and work in US, get sponsored for PERM under EB2 category (which is very do-able).

What I cannot do: convert to H1B as I came straight off 5 years L1B onto TN without the 1-year out of status requirement.

My question: If you dont mind reviewing my thread I posted on the Family Based GC forum,
http://www.immigrationportal.com/showthread.php?t=270949

I'm trying to determine whether I'll run into any issues being in US on a TN, with an I-130 pending. Is it true that I'll only run into a problem once the I-130 is approved and I apply for AOS?

Basically, I need your advice on following 3 options:

1. whether to just stay put in Canada until my I-130 is approved (as advised by the folks on the family GC forum).
2. Whether to go into US on TN visa at all assuming I can find an employer willing to bring me in but REFUSES to sponsor for GC.
3. Whether (and why) I should insist on GC / PERM as part of coming down, given my I-130 situation pending.

 

[nelsona]

I would echo triple Citizens point that you have a TN, so what's the worry about continuing on TN. You aren't even close to getting your GC at this point anyways.

It is unusual for a firm to sponsor from abroad without you first working with them, unless you are a Physician or Professor, or someone not eligible for a professional visa. So, you need to work in US on TN, or wait a year and get into the H1 lottery. h1's are not easy to get anymore, as you will see April 1, 2008.

I disagree that you can't come to US and work on TN, otherwise, even visiting would be disallowed. If you can maintin sufficent ties in canada, I wouldn't hesitate.