TN->GC ......Clarification Before Start/Filling Application

O

oad

Member
Hi Nelsona and Team,

I am a Canadian national currently working as an engineer under TN status. My company has agreed to process my Green Card, and I have a few questions I’d like to clarify:

1) My daughter is 10 years old and has Autism Spectrum Disorder (ASD), as well as Attention Deficit Hyperactivity Disorder (ADHD) and she is on ADHD medication. She is high-functioning and attends a regular mainstream school in the USA/Canada. Is there any possibility that my family's Green Card could be canceled during the medical exams as part of the process?

2) If my Green Card is denied for any reason after the I-485 step, would I be able to reapply for TN status with the same company, or could I obtain TN status with a different company after the denial of my Green Card?

3) At which stage of the process will my company be required to pay the associated fees?

4) Could you recommend a reputable and reasonable lawyer or attorney for my case?

Thank you for your assistance!
 
1. That would be a question for a lawyer.
2. You would not be able to obtain another TN once your I-485 was submitted. Any sponsor would have to apply for an H1-B. You would likely have to leave US for some time
3. They are not required to pay any of the fees for GC.
4. This is a site hosted by a law firm. To give the name of another firm would be impolite
 
nelsona said:
1. That would be a question for a lawyer. (Yes sure I will ask it from Lawyer, Just wanted to know your information on the health issues for GC )
2. You would not be able to obtain another TN once your I-485 was submitted. Any sponsor would have to apply for an H1-B. You would likely have to leave US for some time (What I understood is that I cannot obtain TN status with another engineering company B in the future after the denial of my GC through TN with company A. Is this correct?)
3. They are not required to pay any of the fees for GC. ( What I understood is that I can pay all fees (lawyer plus application) for PERM, I-140, and I-485. If that's true, why do lawyer websites state that the employer must pay the fees?)
4. This is a site hosted by a law firm. To give the name of another firm would be impolite
Click to expand...

Thank you, Nelsona, for replying to me. If possible, could you please explain more about the above questions?
 
oad said:
Hi Nelsona and Team,

I am a Canadian national currently working as an engineer under TN status. My company has agreed to process my Green Card, and I have a few questions I’d like to clarify:

1) My daughter is 10 years old and has Autism Spectrum Disorder (ASD), as well as Attention Deficit Hyperactivity Disorder (ADHD) and she is on ADHD medication. She is high-functioning and attends a regular mainstream school in the USA/Canada. Is there any possibility that my family's Green Card could be canceled during the medical exams as part of the process?

2) If my Green Card is denied for any reason after the I-485 step, would I be able to reapply for TN status with the same company, or could I obtain TN status with a different company after the denial of my Green Card?

3) At which stage of the process will my company be required to pay the associated fees?

4) Could you recommend a reputable and reasonable lawyer or attorney for my case?

Thank you for your assistance!
Click to expand...


Hi OAD,

Below are the answers to your questions as per my knowledge. This is not legal advice. Please consult Attorney or lawyer for legal advise.



1) My daughter is 10 years old and has Autism Spectrum Disorder (ASD), as well as Attention Deficit Hyperactivity Disorder (ADHD) and she is on ADHD medication. She is high-functioning and attends a regular mainstream school in the USA/Canada. Is there any possibility that my family's Green Card could be canceled during the medical exams as part of the process?

Answer: Before filing GC, consult attorney for the complete detail or any doctor who is doing medical for immigration. There are many doctors who are doing medical for immigration and you can consult them for this before filing.


2) If my Green Card is denied for any reason after the I-485 step, would I be able to reapply for TN status with the same, or could I obtain TN status with a different company after the denial of my Green Card?
Answer: Yes, you can apply for TN visa and you will get it again as long as there is no immigration violation. One of my friend filed Green Card and he lost job then I came back on TN.

3) At which stage of the process will my company be required to pay the associated fees?
Answer:
I would like to give you high level detail. Each step is different and company needs to pay. it's not one time fee. You can google if you do not understand any term. There are few stages in Green Card processing.
1): Wage Determination. which usually takes 6-8 months plus employer needs to advertise that job for at least 2 months in news paper, indeed , linked in or their website. They need to pay for this.
2): PERM filing which takes almost 10 months as per current processing time. They need to pay for this.
3): Once PERM is approved, then I-140 filing. It has regular fee and premium fee. Premium fee is $2500 and processing is 15 days. Regular is 4-6 months.
4): I-485 filing if priority date is current(Please google what is priority date). This stage they also need to pay fee.

Till the stage 2, you are fine to travel back and forth from Canada to USA. However, as soon as you entered into stage 3, you have to wait for EAD card + Parole document to travel outside of the USA. This time will stuck in USA until you have Parole document(traveling document). Recommended is if you are on TN visa in USA and filing GC, then you should not travel outside of the United States even having Parole document. Since TN is single intent visa(status) meaning, basically, you are giving surety to immigration then you will only work in USA and will not apply for Green Card.

4) Could you recommend a reputable and reasonable lawyer or attorney for my case?
There are many lawyers
 
2. I would not say that it is automatic that one will be able to reapply for TN after failed I-485 (that would be too optimistic, pun intended), because one has clearly demonstrated immigration intent, which is forbidden on TN. There would have to be some period of time after AOS denial in order to prove that the applicant has "given up" on immigrating.

3. As optimistic1 points out, the PERM and I-140 process are made by the sponsor, so of course are paid by them. After that however, they are not obliged to pay for any of the I-485 processes, including biometrics and EAD/AP, since that is an application you make. That is up to you to negotiate with your sponsor.
 
@ Nelsona & Optimistic 1,

1) At what stage ( PERM, I140 & I485) I and my family need medical exams?
2) Can a lawyer or attorney advertise in newspapers and online for the PERM process? My employer is a small company with only six employees, and they do not have an HR department. Instead, they hired a third-party HR service to manage our hiring and payroll, which is processed bi-weekly. Are there any issues or problems?
 
You will be advised, after you file I-485. These are strictly GC questions, not TN> Please ask on relevant forums, not here.
 
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