tn->gc: perm

[tn2gc]

I am on my 8th TN. Did not get H!B lottery therefore started thinking about the process of TN to GC described by CGeorge.
I even mentioned it to my company's lawyers but they say if I submit PERM I will be denied TN renewal.
How does this work then? Most posts here shows us this is possible but it seems there is a chance of denial?
My TN is up in September. Should I start PERM process now or wait after renewal,get LC, submit i-140 and just hope for the best next year with H1B or next TN?

Thank you for advice

 

[gunt]

Your company's lawyers are incorrect. The only thing that can trigger immigrant intent, and thus negatively impact your ablility to renew a TN, is the filing of form I-485 (Adjustment of Status). This is the last step in the GC process.

Start PERM ASAP. If PERM is approved, file I-140. Do not file I-1485 concurrenlty unless you have 6 months left on the TN. So in your case you should probably renew the TN before you file I-485. However, you are free to file I-140 without impact on the TN.

The approach i used for TN -> GC was:
TN expiring 8/1/06
GC was EB1 so no PERM required.
Filed I-140 on 1/10/06
I-140 approved on 6/21/06
Renewed TN at border on 6/27/06
filed I-485 on 7/10/06

 

[CanadianKam]

Yup, my employer's lawyers also told me the same thing when I was on TN in my first year with this employer. And when they started laying off, I lost interest in GC and gave the lawyers a dose of their own medicine that I don't want to apply for I-140 because it will trigger immigrant intent and it will affect my future TNs with future employers in case I get laid off. Ironically, they told me that only filing for I-485 constitutes immigrant intent!!!!!! This is not what they said 2.5 years ago and I could've got my GC by now if they had had started my GC back then. All this hypocricy to make a few more bucks for my H1?!!!

No wonder a lot of people hate lawyers. Some of them are a bunch of liars and ambulance chasers like they say. This reminds me of our good old Jim Carrey in the movie "liar, liar".

 

[sshakeny]

No wonder a lot of people hate lawyers. Some of them are a bunch of liars and ambulance chasers like they say. This reminds me of our good old Jim Carrey in the movie "liar, liar".

well, i work with a lot of immigration lawyers and i have seen a good share of good and bad ones (more bad than good ones). the reason they promote the H1B is not just because they want your money (money is important of course) what they have in mind is that going to GC through H1 is a clean cut process and safe to navigate through the long process of GC. but at the end it is up to you to make the decision. i was in the same situation as you. after reading the law books (Immigration lawyers and officers read this one like bible) i took the more expensive path of H1 because i didnt want to take a chance on my luck. through TN, there is always a chance that visa renewals can be denied and i for one dont like to go through the apeal process because it can take years to get a response from them. we have one life, why waste it in the courts?
quite a few people have taken TN to GC path successfully and i am happy for them. problem is that you dont always get the same response from USCIS and that is why i chose H1.

 

[curiousGeorge]

I even mentioned it to my company's lawyers but they say if I submit PERM I will be denied TN renewal.

Ask them to prove this by finding a case where this happened, either in thier law firm or any other lawfirm. They will refuse, because they cannot prove they are correct, except to say that they are misinterpreting the law in thier favor.