TN -> GC possible in just 12 months?

S

sticklizard

Registered Users (C)
Here's my understanding of TN>GC process (correct me if I'm wrong): :D

1) acquire TN
2) file PERM
3) file for I-140
4) if < 6 months left, acquire another TN
5) make sure priority date is current
6) file for I-485 + EAD + AP
7) if EAD does not arrive, go to InfoPass and get interim EAD
8) don't leave the US until EAD/AP arrives

I have some questions:

1. If there's less than 6 months left on my TN (Step 4), which would mean I'll have to renew my TN at POE, what will I say to the CBP officer if he asks me why I'm renewing my TN when my existing one does not run out for another few months? (and my job/description/title) hasn't changed? what are some reasonable excuses?

2. If while waiting for the PERM approval, I get laid off or find another job, how will that affect my PERM/TN with the new company that I'm going to? Do i have to withdraw the existing PERM application? I assume the DOL keeps record of this. If I file the PERM with my existing company and gets approved, but I decide to quit and move to another company (to start a new PERM), will the 'double submission' be conflicting in the eyes of the DOL?

thanks for your time
 
Slight corrections. You are most intersted in going from TN to EAD in 6 months, not necessarily GC. Also, step 7: interim EADs are extinct. You would go to Infopass at 70 day mark, and then your 'real' EAD would be issued within 20 days.

1. There aren't any. If you have less than 4 months (not six) on your TN, best to file I-129 premium processing, and when your extension arrives, that will give you 15 months to get the GC process going.with no time pressure.

2. The PERM stage doesn't affect TN eligibility at all. It is the firm's PERM, so if you drop them, there is nothing for you to do but start over. Only at the I-140 stage is there the possibility of some 'transferring' of your GC sponsor.
 
nelsona said:
1. There aren't any. If you have less than 4 months (not six) on your TN, best to file I-129 premium processing, and when your extension arrives, that will give you 15 months to get the GC process going.with no time pressure.
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Is it possible to file for 'change of status to H1B' while on TN to have a longer period for EAD arrival? or does it make sense to file for I-129 prem. one month before TN expires?
 
Tn -> Gc

Right now I'm still doing my PERM (just submitted prevailing wages to SWA). I have about 8+ months left before the TN expires. Just wondering what's the best way to get the EAD. From what you guys said, renewing TN or changing to H1B aren't really viable options. Wondering what my options are. Thanks.
 
There is no 'best' way. There is nonly one way: You file PERM, and then you file I-140 within 6 months of PERM approval (you can't wait any longer).

PERM and I-140 have no effect on TN.

As soon after PERM that you can file I-485 and you have 4-6 months left on TN, you file I-485 and get EAD three months later.

There is a long 'curious george' thread on this issue. Please read it, it remains completely valid (except that there is now a 6 month maximum between perm approval and filing I-140)
 
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nelsona said:
There is no 'best' way. There is nonly one way: You file PERM, and then you file I-140 within 6 months of PERM approval (you can't wait any longer).
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Its my understanding but please correct if I am wrong
You file PERM and then you File I-140, and then if you change employer, you need to re-apply for PERM and then I-140 again correct?

or the new employer can take over on I-140 process if that is still in process? (Its a same job title, just different employer)
 
An employer can never take over a previous employers I-140.

If a worker has a previously approved I-140, AND his I-485 has been pending for more than 180 days, the new sponsor simply doesn't have to do anything. Your I-485 process continues unaffected.

If the worker has a previoulsy approved I-140, and his I-485 has NOT been pending 180 day, or no I-485 has been submitted, the new employer must submit a new PERM and I-140, BUT the date of the initial PERM becomes the Priority date for the new I-140.

If the worker does not fall under either situation, then the employer starts from scratch: new PERM, new priority date.
 
Shyboy said:
Its my understanding but please correct if I am wrong
You file PERM and then you File I-140, and then if you change employer, you need to re-apply for PERM and then I-140 again correct?

or the new employer can take over on I-140 process if that is still in process? (Its a same job title, just different employer)
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from what I've read, I think the PERM and I-140 are initiated by the employer and thus cannot be carried over to your own case. but they can reuse the PERM/I-140 for another candidate applying for that job (if you decide to leave) since the LC is aimed at candidates able to fill that position who meet that set of criteria as stated in LC min. requirements.
 
sticklizard said:
from what I've read, I think the PERM and I-140 are initiated by the employer and thus cannot be carried over to your own case. but they can reuse the PERM/I-140 for another candidate applying for that job (if you decide to leave) since the LC is aimed at candidates able to fill that position who meet that set of criteria as stated in LC min. requirements.
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They can use the PERM for another candidate, not the I-140.
 
nelsona said:
There is no 'best' way. There is nonly one way: You file PERM, and then you file I-140 within 6 months of PERM approval (you can't wait any longer).

PERM and I-140 have no effect on TN.

As soon after PERM that you can file I-485 and you have 4-6 months left on TN, you file I-485 and get EAD three months later.

There is a long 'curious george' thread on this issue. Please read it, it remains completely valid (except that there is now a 6 month maximum between perm approval and filing I-140)
Click to expand...

CuriousGeorge recommend reading Grasmick's advice on TN-GC:
http://grasmick.com/board/?topic=topic1&msg=45872

...but in the article it clearly states you should renew the TN via mail after PERM approval. And I originally asked if USCIS gets suspicious if I renew my TN (by mail) with 4 months left before expiry?
 
That thread is overcautious on the PERM issue. It quite simply is not an issue with renewing TN either by mail or at border.

Even I-140 is not really an issue, although one could justify a mail-in rather than border TN, but PERM definitely is not.

As to when to file for TN renewal, you are allowed to file with 4 months to go, so there will be no suspicion. You would be doing this, thoough, not because of fear of rejection of TN for filing PERM or I-140, but because you would have no chance of getting EAD before TN expired.

btw, curious has a frssher thread on this forum than his one on grasmick.
 
nelsona said:
That thread is overcautious on the PERM issue. It quite simply is not an issue with renewing TN either by mail or at border.

Even I-140 is not really an issue, although one could justify a mail-in rather than border TN, but PERM definitely is not.

As to when to file for TN renewal, you are allowed to file with 4 months to go, so there will be no suspicion. You would be doing this, thoough, not because of fear of rejection of TN for filing PERM or I-140, but because you would have no chance of getting EAD before TN expired.

btw, curious has a frssher thread on this forum than his one on grasmick.
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I agree that an approved PERM is not grounds for TN denial, and I-140 for that matter. CuriousGrge says, some CBP officers (who don't work for USCIS) aren't aware of the memo posted by VSC/NSC not to deny TN applications because of pending I-140. I don't want to risk my application from someone's inexperience.
 
We are all familiar with what george has reported; As I said above , that is the justification for renewing a TN by mail, once I-140 is approved.

This has nothing to do with PERM, which carries no such stigma. Your decision to renew TN (by mail or at border) when your PERM is approved should be based on when/if you will be able to file I-485, and whether this will leave you the 4-6 month TN time, not simply the fact that PERM was approved.
 
nelsona said:
We are all familiar with what george has reported; As I said above , that is the justification for renewing a TN by mail, once I-140 is approved.

This has nothing to do with PERM, which carries no such stigma. Your decision to renew TN (by mail or at border) when your PERM is approved should be based on when/if you will be able to file I-485, and whether this will leave you the 4-6 month TN time, not simply the fact that PERM was approved.
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my lawyer said once I have a pending I-140 and I apply for TN via mail, the TN will get refused....

http://www.naftalawfirm.com/page7.html

sounds like its way harder to renew TN at NSC/VSC than by POE if I-140 is approved, which is contradictory to what I'm hearing in this forum...
 
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Your lawyer is wrong. The TN approval with I-140 already approved has been ruled on 6 years ago by USCIS as being perfectly fine. Having one submitted is even less of a problem.

This is all covered in Curious thread.

Even the page you refer to says this:

Filed or approved I-140 Petition without simultaneously filing for adjustment of status (because priority date is not current):

Port of Entry: minimal possibility of immigrant intent finding based soley on filed or approved I-140. Some strict ports may take issue and question the applicant's ties to Canada.

USCIS renewal: minimal possibility [of immig intent].
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That means mail-in is more likely to be successful than POE.

Filed or approved I-140 simultaneously filed with pending I-485 adjustment of status application. (priority date current):

Port of Entry: very high risk of refusal of TN, though the beneficiary may not at this time have the immediate intent to establish permanent residence. Only the beneficiary knows his or her true immediate intent.

USCIS renewal: high risk of denial of TN, though the beneficiary may not at this time have the immediate intent to establish permanent residence. Only the beneficiary knows his or her true immediate intent.
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Again, that means mail-in is safer than POE.
 
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sticklizard said:
my lawyer said once I have a pending I-140 and I apply for TN via mail, the TN will get refused....

http://www.naftalawfirm.com/page7.html

sounds like its way harder to renew TN at NSC/VSC than by POE if I-140 is approved, which is contradictory to what I'm hearing in this forum...
Click to expand...


My I-140 was applied in May 2007 and in August 2007 I changed my job.
Went to the border and got the new TN.

Its was as easy as do it by mail. I was not even asked 1 question.

Not sure if thats different than having an approved 140
 
Filed or approved I-140 simultaneously filed with pending I-485 adjustment of status application. (priority date current):

Port of Entry: very high risk of refusal of TN, though the beneficiary may not at this time have the immediate intent to establish permanent residence. Only the beneficiary knows his or her true immediate intent.

USCIS renewal: high risk of denial of TN, though the beneficiary may not at this time have the immediate intent to establish permanent residence. Only the beneficiary knows his or her true immediate intent.
Click to expand...

...so if I file concurrently (as my lawyer has advised), I will most likely have my I-129 denied, regardless of POE/USCIS, regardless of prem processing... but the benefit of concurrent is I can apply for EAD right away (assuming I have 4 months left on TN), which would make getting a TN renewal unnecessary...
 
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