TN -> GC or H1 -> GC

B

Byteless

Registered Users (C)
any major difference??
My company is willing to do both.

Which one is faster and reliable.

Another question is
if 485 denied and you were on TN, now there is no choice to get the TN ever again.

is it the same situation while you are on H1B?
in other words, if you are on H1b and 485 denied, can you come back later on on TN?
 
any major difference??
My company is willing to do both.

Which one is faster and reliable.

-- In doing TN->GC, the timing is very important especially when you are ready to file the I-485 because TN is a single intent status. H1B->GC is safest but then you have to wait for H1B to become available. You cannot file for it (new H1) before April 1 and you can not be on the new H1B before Oct 1. TN does not have that restriction. Some companies start the process while u r on TN and then they apply for your H1. That way, the rest of the process is carried forward when you are on H1.

if 485 denied and you were on TN, now there is no choice to get the TN ever again.

-- Yes, It can be tough/tricky...

is it the same situation while you are on H1B?
in other words, if you are on H1b and 485 denied, can you come back later on on TN?

-- No...It is the same thing (the issue of dual intent). You can come back on H1B if you still have time remaining on it.
 
Shyboy said:
any major difference??
My company is willing to do both.

Which one is faster and reliable.

Another question is
if 485 denied and you were on TN, now there is no choice to get the TN ever again.

is it the same situation while you are on H1B?
in other words, if you are on H1b and 485 denied, can you come back later on on TN?
Click to expand...
If you are comfortable with filing only the I-140 instead of concurrent 140/485 filing, then it doesn't matter if you are TN or H1B. It only becomes an issue when you file I-485. And if you do not file concurrently, you would only file 485 after you have received approval for I-140. At that point there is very little chance of being denied the 485. The only tricky thing is that on the day you file 485, you should have at least 90 days tilll your TN expires and no plans to leave the country for 90 days. The reason is that it can take up to that long to get an EAD and AP approved, which you file along with 485.
 
the current situation is my PERM has been approved and my lawyer already got the copy of my labor certification.

next step is to file 140. Lawyer suggest to go for H1b and he also told me about the April 1 and Oct 1 date.

I was thinking to file 140 and h1b at once.

I have no plan leaving country until December this year.

Is it a good idea to go for 140 now and then renew TN for another year and then file 485?

should I consider to get H1b on the safe side while 140 is already in process. How long it will take to to process 140?
 
Shyboy said:
Is it a good idea to go for 140 now and then renew TN for another year and then file 485?
Click to expand...

That would probably be the best way to go, especially if your PD is current. I don't see any value to the H-1 filing, and I certainly wouldn't pay a penny out of my pocket for the H-1 fees and attorney's charges.
 
How long it will take to to process 140?

-- 2 weeks (with premium processing). Otherwise 4 to 6 months.
 
Thanks guys
and bigboy00 how do I know that how long the process take for 140?
Is there any website tell me that??

Is is depend on date of birth? country of citizenship??

Thanks again for your help guys

Really appreciate your answers.
 
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