TN renewals and GC questions --- pls help

[mariano]

1) Same job description from same employer. I plan on renewing by mail with premium processing sometime in February next year. Will I have enough time to be approved if I file just one month prior to my current TN's expiration? I know I have up to 240 days to get an adjudication results. Has anyone ever had their renewals exceed 240 days?

2) If I pursue TN-to-GC route and have it started right after my TN is renewed, will I be able to complete PERM and I-140 within 24 months (i.e., I will renew my TN by mail one more time)?

3) Because of retrogression, I will have to wait for (maybe 2 to 4) years to get to the next stage (AP/EAD/I-485). Since I am so worried about being denied TN renewal, I'm thinking of switching to H1B with the same employer AFTER obtaining I-140 approval. Will this work? Will my I-140 still be valid if I change visa type with the same employer? If I lose my job before filing for I-485, will I be able to: (i) switch to another employer with my current H1B or (ii) apply for another TN with a new employer? Regardless of which of these 2 options occur, will my I-140 be transferable to the new employer?

4) What will be the company's involvement at each step of the process (PERM, I-140, I-485)? I heared it's pretty demanding from them (2-4 months advertising, interviews, proving there are no local candidates, etc.) --- my employer might not agree to undergo such "hardships" for my sake. I appreciate your advise on how to convince them to go through all these with me.

5) The company will not pay for any of these, and I'm really cash strapped. Are any of these steps doable without a lawyer? How much risks am I taking if I just fill up the forms myself and submit the requirements?

Thank you in advance for your help.

M

 

[gunt]

1) with premium processing you will receive your approval notice within 2 weeks. in case you want to see statistics, look at the H1-B figures on the site www.trackitt.com

2) 24 months is more than enough time. PERM is 90 days, and I-140s are taking less than 6 months. regardless, filing PERM and I-140 does not preclude you from renewing a TN. It is the filing of the I-485 that is the problem.

3)you can switch to H1-B after the I-140 approval with no impact on the I-140. IF you switch employers before your have filed I-485, your I-140 will be useless and you will have to start over. I-140s are not transferable from employer to employer. However, labor certifications are transferable from employee to employee. This is because they are a petition by the employer for a particular job and not a particular employee.

4)You can easily fill out the I-140 form and have your employer sign it. You could also coordinate all the 'recruiting' for PERM to minimize the work load for your employer.

5) all of these steps are doable without a lawyer. However, just pay attention to all the details.

 

[bigboy00]

I-140s are not transferable from employer to employer. However, they are transferable from employee to employee. This is because I-140s are a petition by the employer for a particular job and not a particular employee.

I-140s are NOT transferrable. Labor Certification is. The use of I-140 from the previous employer can be to recapture the old priority date (if it is not killed already by the previous employer).