TN-GC Company's Lawyer not convinced

[Byteless]

Finally I got feedback from both company's lawyers and they suggest that although the risk is less than 50 %, there is risk that something could delay the Perm process. They also fell that in the current “climate” processing of new applications is likely to slow down. Both feel that the TN status is too risky and recommend filing for H!B status.

Any recommendations would be highly appreciated.

Thanks

 

[gunt]

Finally I got feedback from both company's lawyers and they suggest that although the risk is less than 50 %, there is risk that something could delay the Perm process. They also fell that in the current “climate” processing of new applications is likely to slow down. Both feel that the TN status is too risky and recommend filing for H!B status.

I assume you presented them with CuriousGeorge's TN->GC step by step process? If in light of that evidence they still wish to do H1B, then clearly they have other motives. you will either have to find another lawyer or go along with what they say.

 

[TheRealCanadian]

Finally I got feedback from both company's lawyers and they suggest that although the risk is less than 50 %, there is risk that something could delay the Perm process.

And if something delays the PERM process, you simply renew the TN again. What's the problem?

Both feel that the TN status is too risky and recommend filing for H!B status.

If they wish to absorb all of the costs, sure.

 

[curiousGeorge]

They also fell that in the current “climate” processing of new applications is likely to slow down.

How does this statement from the lawyer make it more compelling to do the H1b -> GC route, instead of the TN -> GC route?

Really, if there is any truth to his speculation. this is another arguement in favor of not wasting your time with waiting for October for your H1b to be available, and take the TN -> GC route right ASAP.

 

[Byteless]

ok correct me if wrong.

I am going to tell them that to file I-140 right now, and after that process the I-485. and do the H1b on side. is that possible, will that affect on my GC case in anyway?

Can I proceed to go on TN -> GC route and do the H1B in the middle?

 

[curiousGeorge]

yes, as long as you get the H1b before you file the I-485.

I don't think you can apply for H1b once you are in AOS pending status.

 

[TheRealCanadian]

I am going to tell them that to file I-140 right now, and after that process the I-485. and do the H1b on side. is that possible, will that affect on my GC case in anyway?

Sure, but once you have an EAD/AP (and especially once 180 days pass on the I-485) there's no point to the H-1B. I think all of those conditions will be met before October 1st.

 

[janef]

What is the problem with an H1-B? A TN might allow more flexibility to change jobs, but if it is an employment sponsored GC job flexibility is a moot point.

What if a TN gets denied along the way because of info in the computer showing that you don't intend to leave? There are lots of CBPs itching to exercise their 15 mins of power and fame.

Has anyone else besides Curious George succeeded TN to GC? Anyone tried it and didn't succeed?

Someone fell 17 stories a couple of weeks ago with only bruises and scratches. Doesn't make it a good method to get to the ground.

 

[TheRealCanadian]

What is the problem with an H1-B? A TN might allow more flexibility to change jobs, but if it is an employment sponsored GC job flexibility is a moot point.

Because it's expensive, costs several thousand dollars and can add some complications on foreign travel. The money alone makes it a no-brainer; I'd much rather the extra money go into MY pocket, rather than the attorney's or USCIS.

What if a TN gets denied along the way because of info in the computer showing that you don't intend to leave? There are lots of CBPs itching to exercise their 15 mins of power and fame.

Once you have a filed I-485 and an EAD, there's no need to ever get another TN.

Someone fell 17 stories a couple of weeks ago with only bruises and scratches. Doesn't make it a good method to get to the ground.

Please don't use invalid analogies.

 

[Byteless]

I am really puzzled now, not sure which route I should take.

What I am thinking now is to suggest lawyer to file my I-140 and start processing my H1B.

If my 140 get approved before H1 then I will switch to H1 and then will file the 485, otherwise if 140 didn't approve by then, I think I will stay on TN as long as TN valid and no problem getting another TN.

Company is paying for this, and I assume that if I don't go outside US and comeback as H1 stamped passport, I will be on TN status. Correct me if I am wrong.

My lawyer said he can file my 140 before the next weekend.
My current TN is expiring in October 11, 2007

 

[curiousGeorge]

What is the problem with an H1-B?

1) Huge costs incurred by the application fee and possible travel required to get a visa stamp. Also an H1b is much more involved, and would require the help of a lawyer in most cases, so you need to add the lawyer fees just to get the H1b.

2) Unecessary time lost waiting for the visa to become available in October. TN's are always available.

3) Some people (like myself) are not eligible for H1b. TN has job categories that do not require a bachelors degree.

In my opinion, if your not in a hurry, and you're willing to wait for the visa to become available, and your employer is paying for it, or if you are eligible to file concurrently (i.e. your PD is current because you're in EB1 for example) then take the H1b -> GC route....At least that way you won't fall out of any buildings

 

[curiousGeorge]

Has anyone else besides Curious George succeeded TN to GC?

gunt
cdnchris
triplecitizen
warlord

And if you want a whole bunch of other people checkout this defunct forum:
http://grasmick.com/board/?topic=topic1

 

[DBEL]

Company is paying for this,

I have found that most (not all) lawyers are idiots. I call them legalized crooks. You pay them to advise you to the best of their knowledge. In which case you eventually find out that they are ignorant and the only thing they know is how to crank out H1B for Bombay graduates. They have software to automatically fill out all the documents. What they have is a bunch of letter templates were a paralegal fills in the blanks.

When will you file PERM or is it done?

What is your category and is it current?

If you are born in Canada then EB2 is current. This means an immigrant visa is available immediately. If it under EB3 you’ll have to wait (years) and while you wait you’re not eligible to EAD.

If in PERM the job required a MS degree or a BS and 5 years of experience then you are eligible to apply under EB2.

If you fall under EB3 then I see no urgency in filing I-140 and switching to H1B makes sense. TN’s are nice but they are only good for a year and with Vermont’s current turnaround with renewals you end up with a big headache for traveling. On the other hand a H1B is good for 3 years. Once you add up the lawyer fees for 3xTN the cost of an H1B is pretty much a wash.

If you’re applying under EB2 then it makes sense to file I-140/907 immediately after PERM. Usually you get an answer in a week or two and take it from there.

The big problem with filing I-485 (AOS) and a TN is travel outside the US. If you’re in a position were you can be called to travel outside the US then I’d get an H1B.

To file AOS while under a TN status you would need to wait 90 days after your last admission. After you filed AOS you can’t leave the US until you get AP and you would also need to make sure that you have sufficient time left on you TN to allow you to work until you get EAD.

The reason why you see people encourage you to file AOS ASAP is because there is always a risk that a current category (EB2) becomes oversubscribed and that the dates retrogressed. With a pending I-485 you can benefit of AC21.

I think you should get a book on US immigration and understand the basics. I purchased several and did a few trips to the library and last year I got PERM and I-140 approved and now my AOS/AP/EAD is pending without a lawyer and my employer was completely clueless. There are many cravats in the laws that you must watch out for.

I think everything that been written is true however the posters are making some assumptions and they don’t necessarily provide all the details or consequences. Use caution.

I’m not a lawyer nor do I give any legal advice.

 

[pinoyInDC]

To file AOS while under a TN status you would need to wait 90 days after your last admission.

Why 90 days after your last admission? Is this to avoid the non-dual intent nature of a TN?

 

[pinoyInDC]

I think you should get a book on US immigration and understand the basics. I purchased several and did a few trips to the library and last year I got PERM and I-140 approved and now my AOS/AP/EAD is pending without a lawyer and my employer was completely clueless. There are many cravats in the laws that you must watch out for.

What books do you recommend and found helpful? Thanks for your helpful posting.

 

[TheRealCanadian]

1) Huge costs incurred by the application fee and possible travel required to get a visa stamp.

Unless we're talking about a Mexican TN-2 holder, there would be no visa stamp required.

Also an H1b is much more involved, and would require the help of a lawyer in most cases, so you need to add the lawyer fees just to get the H1b.

Excellent point; and don't forget the USCIS head tax on H-1Bs as well.

Unecessary time lost waiting for the visa to become available in October. TN's are always available.

++

Some people (like myself) are not eligible for H1b. TN has job categories that do not require a bachelors degree.

Another excellent point! One other thing to remember is that the H-1B is location specific, whereas the TN is not.

 

[DBEL]

Why 90 days after your last admission? Is this to avoid the non-dual intent nature of a TN?

Exactly,

I have yet to find any USCIS rules that explicitly define how intent is determined. At best I came across some attorney websites that throw out numbers. I’ve seen 30, 45 and 90 days. You can choose which one you want. I don’t even know if the same would apply to someone renewing by mail. In the end, once you send in your AOS papers they will land on someone desk at USCIS. That person can question your intent and it will up to you to argue your position.

Any recent book will explain the process. After reading a book one should be in a better position to ask the right question to an attorney. Like anyone I’ve paid hundreds of dollars for a consultation with an attorney simply to given wrong and out of date information. I think a $25 book and 2-3 hours of reading is a much better investment than $300 to have someone read me what I can find on the Net.

 

[Byteless]

DBEL:
Thanks for your detail explanations. Here are some answers of your questions.

When will you file PERM or is it done?

My Perm was filled in mid of December and the lawyer got the original LC on 29th of December.

What is your category and is it current?

Lawyer thought he can't fit me in EB2 so he filled in EB3.

I have 4 years bachelor degree in Computer Science (evaluation done by the University of Toronto) You mentioned that I will be eligible for EB2 if I have more than 5 years of experience, the job does not require MS degree. I have no clue why the lawyer said I do not qualify for EB2.

And I have no plan leaving country until my GC processed.

If lawyer filled me under EB3, and perm is done, what I can do in order to change it to EB2, is it a new perm need to apply?

Once again thank you very much for your answers.

 

[warlord]

gunt
cdnchris
triplecitizen
warlord

And if you want a whole bunch of other people checkout this defunct forum:
http://grasmick.com/board/?topic=topic1

Though mine was done by marriage based while on a TN and not through the job I had at the time. But yes, there are many who have gone TN-GC through thierd jobs. The most important thing they have always said (even with the marriage based one like myself) is the timing. If you are doing it soon after getting a new TN, then you have a full year to prepare and wait for your processing. If you wait to right before it expires, then yes, you may be delayed and out of status once your AOS has been submitted if your TN expires during that time period.

As said, in this case, start it now as you have 3/4 a year left (I think) on your current TN. You should know by then if you are denied or accepted. If you are accepted, then cool, no need for another TN. If you are denied, then they can switch to an H1B or you can just get another TN...

 

[TheRealCanadian]

If you wait to right before it expires, then yes, you may be delayed and out of status once your AOS has been submitted if your TN expires during that time period.

You cannot be out of status once your AOS is filed. You may be without employment authorization until the EAD arrives, but that's a different issue.