Hi all,
I am Canadian going to work in US in TN status, and my wife will come from third country to US to join me, on TD visa. I asked a lawyer to outline the possibilities of getting green cards for us, and here is what he said, quoted below.
Since it's a bit different from what I've previously read on this and other websites, especially the part about path from TN to Green Card, I was wondering if I could get a second opinion from experts here... That would be so greatly appreciated.
I am Canadian going to work in US in TN status, and my wife will come from third country to US to join me, on TD visa. I asked a lawyer to outline the possibilities of getting green cards for us, and here is what he said, quoted below.
Since it's a bit different from what I've previously read on this and other websites, especially the part about path from TN to Green Card, I was wondering if I could get a second opinion from experts here... That would be so greatly appreciated.
The TN visa status for you and TD for your wife are quite straight forward and can be obtained on the spot at the time of your application at a Canada-US port of entry or major airport. We would prepare the application materials for you to present there.
However, if you will be seeking Permanent Resident status soon, it will be best to change your status from TN/TD to H-1B/H-4 before completing the first stage of that process, the PERM Labor Certification, because TN/TD statuses require nonimmigrant intent and the filing of the second stage of the Permanent Resident process, the I-140 petition, demonstrates immigrant intent. Unless you have held H-1B status within the last 6 years, you would not be eligible to start using a new H-1B visa until Oct. 1, 2010 due to annual limits. However, if you are to start at "the company" before then, you could do so in TN/TD status and then change to H-1B status effective sometime after Oct. 1. Because H-1B status allows "dual intent", pursuing Permanent Resident status while in H-1B/H-4 status would be fine throughout the process.
As for the Permanent Resident process, the PERM Labor Certification stage takes about 7-12 months; the I-140 Petition can be completed in about 4 months (2 weeks with USCIS "premium processing"); and the length to time to process the I-485 Applications of you and your wife granting you Permanent Resident status will depend on the minimum requirements stated in the PERM Labor Certification and your educational and experience credentials, but could take from 1 month to 5 years beyond I-140 approval, depending.