Tn - H1 - Gc

C

Carmen123

Registered Users (C)
Folks, my employer agreed to process GC for me but their law firm would switch me to H1 first. I wonder what are the timelines, and being a canadian (born in south america)
1) if I need consular processing for H1 or
2) how the switch is done and the timelines,
3) can i get one for october 08 or need to be filed april 09 to start october 09? (timelines would turn into gum).


Please comment. I know as well as you guys law firm is a moron and that TN to GC is being done but if they dont want i cant do anything and company dont allow me to bring my own lawyer.

Thanks

Carmen
 
The h1's are gone for this year. You are about 2 months too late to discuss this.

Get GC started now, without H1 -- iys simply not necessary. You ned to convince your boss of this.
 
It might seem simple to you but I dont find easy to tell them that the law firm they've been using for very long is a moron.

I did forward them a document describing the steps from TN to GC and that thousands of mexicans and canadians have gotten their GC like this since NAFTA was implemented more than a decade ago.

I told them that we should start Labor Certification NOW.

If anyone has anything else that might think in order to convince them I am ALL EARS.

Thanks for your advice Nelsona, I appreciate all your collaboration.

Carmen :)
 
The problem is your statement: "company dont allow me to bring my own lawyer"
There are a couple of lawyers Joe Grasmick and Jim Eiss that would gladly talk to your firm about the TN->GC method, I'm sure.

You need to either open their minds, or move on to another firm.
 
I had company lawyer. But, My experience is not germane to your situation. I got H1 2 months after starting, there was no H1 lottery at the time.
 
Do you mean that H1 is a rifle to enter? Is a lottery so you only get it if you are lucky? I thought you got it in a first arrived first served basis. Sorry for my ignorance, please advice. Thanks
 
The H1 process has become a lottery because of the number of applications FAR exceeds the H1 quota. You have 1-2 days to send in your application per year, and then hope they pick your number.

You should not have to think about any of this. TN to GC.
 
It is not me Nelsona, there are OTHER FORCES foreign to me and unfortunately you cant FORCE people to do whatever you want them. I am trying to convice them though.

This is a very good company to work for. But life doesnt wait and I am not willing to wait for H1 next year, I can very well get another job that will be happy to sponsor me a TN GC directly.

Thanks for the advice.
 
last update

I talked to the law firm and they said they do TN GC... I emailed HHRR (which seems to be the moron here) and they said they are using another law firm that is the one that wrote the TN letter for me (they use several law firms).

They did not tell me if they would be doing TN GC but i asked them what firm it is ( i will call them too and ask them :D). Im going to get them...they will have not escape but to do TN GC for me. I am pushing and pushing seems like the only way to get things done... :p


Thanks guys for advice and all :rolleyes:. I will keep you posted and of course will certainly have more questions in the future.

Carmen :)
 
I just had a meeting with HR, my manager and my director and we did conferencing with the Law Firm on the phone.
The lawyer explained in detail the venues for me to get a GC, basically recommending H1 to GC more than TN to GC
(which he only recognized it existed after I mentioned it).

What shocked me is that he kept saying that when we start the process I could get denied my mail in renewal at any point,
which because of everything I read in this forum I don't think it's true.
Needless to say I am very upset after this conversation.

I am wondering if anyone has been denied that you know of, going the TN to GC route?
 
Any time you submit an I-129 it can be denied. That is always a risk with TN.

However, the only risk of denial in the TN to GC process -- other than by saying something stupid to the border guard --is once the I-485 is filed.
 
Thanks for the answer Nelsona. I am not planning to renew ever at the border, I'll just do it through mail in I-129. Thanks for the advice, I always keep my big mouth very shut if I'm ever at the border :-)

I'll keep you posted as I go along the process.

Carmen
 
Yes... but

nelsona said:
Even each time you enter at border on existing TN, you face denial.
Click to expand...



Yes... but they have to have a VALID REASON for that denial and DOCUMENT that reason, which they would not do it for fun. Not because your hair is blonde and straight and your eyes are blue and you are wearing pink shoes.
 
I;m just saying that you can be denied -- and yes for any reason -- even if you have a valid TN. The fact that you have started GC is a reason enough for some CBP guards.
 
nelsona said:
I;m just saying that you can be denied -- and yes for any reason -- even if you have a valid TN. The fact that you have started GC is a reason enough for some CBP guards.
Click to expand...

Well I haven't started it yet and for the date when I'm going to travel it won't be started even, so I'm fine. When I start it I plan to stay put in this country until GC in hand.


Thanks for the advice once again,

Carmen
 
It would be silly to say you are going to sty in the us 2, 3 or even 5 years during the GC process -- which is what your lawyer is isuggesting.

There is only a 3-month window when travel is forbiden -- immediate after I-485 is submitted until EAD/AP is approved.
 
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