TN -> GC in current environment

O

ontnb4

Registered Users (C)
I have a little over two years remaining on my current TN.

Given the current climate, it seems to me a more permanent status in the US is more desirable than I had previously thought it to be.

Does anyone have any opinion on attempting the TN -> GC process at this time?

For example, I am reading that USCIS is expecting to furlough a large portion of its workers.

As I understand it the issues with this is showing "intent"" to immigrate and how that negatively affects future TN applications. So were I to attempt this, I would want to be sure it could be completed in a timely manner.

FYI, I am Canadian born and would fall under EB2 given 5+ years of experience.
 
There is no need to be timely and no need to worry about intent (please read the curiousgeorge posting pinned near the top of this forum). It can take years to get GC, but TN is not in jeopardy until last stage, at which time you switch to EAD.
 
No concerns with TN to GC at this time. I see from your previous posts you have been on H1b then TN for many years (10 years?)
Surprised you have not requested your employer(s) to start GC process earlier.
The first stage, PWD, recruiting phase, PERM filing, PERM approval deal with DoL (dept of labor), not USCIS. No concerns about USCIS furlough. The PERM process should take about a year, usually less. (could be longer if chosen for audit).
My employer started PERM while I was still on TN. I switch to H1b so I could travel during AOS phase, but other than that, you can go directly TN to GC.
I recall you must file I-140 within six months of PERM approval. I-140 approval is not immigrant intent. (lots of posts on this one). You can file Premium Processing for two week approval of I-140.
The "dual intent" issue is only when filing I-485. You must wait 90 days from last entry, file AOS (I-485, I-765, I-131), then wait for EAD/AP based on pending AOS. It is currently taking about 4.5 to 6.5 months for EAD/AP approval from NBC according to USCIS website.
During this time (90 days + 6.5 months) you cannot leave US for any reason (vacation, business travel, visit sick relative) or your AOS will be considered abandoned. I find this is the part that sucks, you need to stay in US for roughly 9 months. (and why my employer switched me to H1b, since H1b is "dual intent" visa/status)
This is the part that needs to be timed correctly. You need to have about 1 year left on your TN before filing I-485. (extra 3 month buffer).
Lots of lawyers websites explain the process. Including this one
https://www.immigration.com/greenca...cards/employment-based-eb-green-card-overview

Read the curiousgeorge posting, it explains the nuances about TN to GC directly. There is a lot to wrap your head around, but many have done it successfully.
 
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