Tn - Eb Gc

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ahasnain

Registered Users (C)
Hi,

I have an existing TN, valid until June 2008. I am working in Canada right now, looking to search for work in the States.

QUESTION: Since a lot of employers are VERY nervous about making any kind of written promises for a GC, during the hiring process, has anyone out there on a TN ever tried to have included, in their employment letter, a CHOICE to the employer that either they will do LC/PERM "within X years of satisfactory performance" or having the employer include in offer terms that they will let you, as employee, GO AROUND their HR and do your LC process yourself, with the employer staying minimally involved only as necessary?

(yes, I realize all this cannot go on the TN letter as it cannot suggest immigrant intent or I'll be rejected for sure, but there has got to be a way to have this verbage included on a side contract between me and next employer)?


Come on folks, please share your thoughts/experiences???? Your feedback is very important to me,

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Since PERM doesn't require that you be employed at the time, I guess you could insist on PERM as a condition of employment. Once PERM is done, they may see this as sunk costs that they might as well follow up on.

If you were going to extract a clause like you describe, I would hope it would say weeks/months rather than years before filing PERM.

As for participation, money is the greatest participation. If they are willing to pay or not will determine their involvement. I don't know of any employer that would NOT permit you to file on your own, with themn only signing the required filings and you paying the freight. This is a piece of cake for them.
 
Nelsona, thanks for the quick response (as usual for you!).

1. Would you say around 10-12K is a good estimate for the TOTAL cost to be incurred for getting a GC via TN?

2. I have a GC pending (I-130 at the Cali centre filed by mother for married son over 21) - was filed in 2004 so based on current PD s/come through in around 4-5 more years. Am I correct in understanding that:

a) at THIS point in time, that wont be a problem (well, I kinda answered my own question since I do have a current valid TN and I never had a problem getting it, back in 2006 when I first got it after coming off an L1B).

b) later, much later, if an LC does come through, there may be issues with the I-485 AOS given the pending I-130 through my mother.

c) one strategy could be to simply hop onto TN, renew it once or twice b/c it might be going to 3 years, then simply wait for I-130 to come through?

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despite the current problems for EB green cards, I would still be pursuing getting an employer to spomnsor me. If you are EB2 or EB1, you could get GC within 6-8 months.

Since I-130 has not caused you a problem (I'm wondering if they simply haven't tied the 2 together), it is certainly not PERM that will cause problem, and nor should I-140.

There is no problem having an I-140 and an I-130 in the works at the same time. Eventually one, likely the I-140 will be approved first, and that one should be used to file I-485. Or, either your FB or EB category will become current first, and you will file I-485 based on that.

If you continue to live in canada, of course, you may even find it simpler to file for Consular Processing rather than I-485, since this would allow continued travel (and use of TN) up until the interview
 
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Thanks again, Nelsona.

One other skeleton in my closet.

My parents, who have both been US citizens for years, had sponsored me for a green card when I was 10. I got in when I was 16 and promptly lost it (an incident that has scarred me for life-just kidding). Here's how it happened.

I was living in Canada for a 2-3 year period, yet had the GC (what a stupid moron I was at 16). Anyways, travelling alione by bus from Canada to States, middle of the night, guy asks me where I live, I say Canada, he looks me up on system, sees I have a GC, and promptly takes it away, making me sign andonment of Residence form. Again, really stupid of me, I cringe now when I think about it.

Nelsona, will that incident screw up my chances at AOS/I-140 stage? When you screw up your credit, the record vanishes from your credit report usually after 5 years. Is there some similar timeframe if you screw up your immigration status?

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You can apply for GC as many times as necessary. You can keep losing it and reapplying for it as long as you find a sponsor (ie, til both your parents die).

I would say that that pending I-130 is a potentil TN-killer, so try to get past his phase sooner rather than later.
 
ahasnain said:
has anyone out there on a TN ever tried to have included, in their employment letter, a CHOICE to the employer that either they will do LC/PERM "within X years of satisfactory performance" or having the employer include in offer terms that they will let you, as employee, GO AROUND their HR and do your LC process yourself, with the employer staying minimally involved only as necessary?
Click to expand...

I had 2 employers give me "thier word" during the interview process that the GC process would be started after 3 months of employment. Both employers stuck to thier word. Neither one wanted to give it to me in writing.

The first employer went to see the immigration lawyer with me, and after realizing how long the process would take, he secretly told me that the company was in financial ruins, and "we may not last another 12 months". Two days after I quit, the company layed off 95% of the staff. I started with another employer the next day, which also stuck to his word, and I eventually got the GC.
 
I also want to share my experience...

I will be on my 4th TN in the first Quarter of 2008, with 2 employers.

Both I just had verbal confirmations that they will help me with the "immigration matter". The first employer start the PERM after 6 months of my employment and then 140 at the time when I quit, and 2nd employer start talking to the lawyers after 3rd week of my hiring date. (lawyer sucks and still filing up the forms as infact its 4th month).

But based on my experience what I see that employers are sincere here and don't play with you if you dont' play with them (dont' take my official words, I really had bad time in canada with employers) but here this is what I think about employers so far...
 
Interesting

thanks for all your comments. I'm gathering the impression that getting employers to "put stuff in writing" is easier said than done. Yeah sure, you want some definitive assurance if you're relocating and incurring the huge emotional and financial costs, but still, employers are typically hesitant to put things in writing.

As for me, I'm an Internal Auditor with around 10 years of experience, a bachelors and one professional certification. However, I'm not a management type, more of a "staff" auditor:

Shyboy, Curious George, Nelson, anybody else, could I get your feedback as to what "levels" of expertise/professional level you are at (just generally, I dont need specifics nor should you feel comfortable providing such),

In your experience, direct supervisory experience helps, right? (I mean, in getting the employer to say "yes - we will do PERM for you")....

thanks

A
 
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