TN - (some H1B) - GC story

S

sometwo

Registered Users (C)
My fellow Canadians!!! :) I just want to share my today's great news of getting GC. From Toronto, came to States in February, 2006 on TN, extended it once in 2007, transferred to H1B in October, 2007. LC was submitted and approved in March 2007, I-140 - premium was done in May, 2007, same, in May, I-485 was submitted. Name check was cleared in November. Card production ordered - status change – TODAY!!! The whole process took just 10 months. EB2 – ROW. Now, I can come back to Canada with mission accomplished feelings :D Gee.. miss Löwenbräu beer here

Best regards to you all !!!
 
"some h1" - while trying for TN to GC!!

sometwo said:
My fellow Canadians!!! :) I just want to share my today's great news of getting GC. From Toronto, came to States in February, 2006 on TN, extended it once in 2007, transferred to H1B in October, 2007. LC was submitted and approved in March 2007, I-140 - premium was done in May, 2007, same, in May, I-485 was submitted. Name check was cleared in November. Card production ordered - status change – TODAY!!! The whole process took just 10 months. EB2 – ROW. Now, I can come back to Canada with mission accomplished feelings :D Gee.. miss Löwenbräu beer here
Best regards to you all !!!
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As sometwo quoted on above thread, my company is filing my h1 on 1st Apr.
My current TN is to be renewed before 29th Apr. I am interested in trying my luck for GC , while being on TN and then later on H1b ( if selected). Can I start this process before Oct 08 ( before waiting for h1b result)? There are Two scenarios possible :

1) if h1 Approved :
a) I renew my TN ( by mail to get advantage of Couple of Extra months grace period in current TN), which will take at least 3-4 months.
b) File PERM and I-140 ( while my "Mail " TN renewal is under process)
c) Switch over to h1b in Oct 08, if approved; and then continue rest of GC process from h1b.

2) if h1 not obtained :
a) Assuming that, PERM and I-140 steps are completed.
b) File I-485 and EAD ,and continue with rest of GC steps while being on TN1.

Please let me know, if it makes sense to approach the above process.
other Questions :
i) Would it be possible or feasible to switchover from TN1 to H1, while PERM and I-140 are processed being on TN1 status?
ii) Am I really buying those 2-3 extra months on my current TN ( and hence in total GC Process cycle) by renwing TN by Mail? Or am I taking unnecessary risks for New TN by filing PERM/ I 140 while doing the TN mail renewal? And should I get the New TN on Border sometimes in Apr, and then file PERM/ I 129 immediately??

Please clarify my above thoughts and Questions....Thanks!!
 
1 a) sounds right
b) why wait. file perm now, it has no impact on TN; nor does I-140.
c) switch will be automatic

2 a)sure
b) no. you will continue the process on EAD and AP. Your TN days arte numbered once you file I-485.

i) of course, PERM and I-140 have nothing to do with TN or H1
ii) you should be filing PERM yesterday; your TN process has no impact on PERM and I-140; and your PERM and I-140 have no impact on TN.

I would be filing perm NOW; I would be getting new TN in early april at the border. And then I would be filing I-140 asap after PERM approved and I-485 , concurrently if possible, as soon as priority date is current.
 
My sincere congrats on your success!!! That's something I am only beginning to dream now: TN--->GC. Would be really great to get the GC in such a short time.
 
LuciDreamer said:
My sincere congrats on your success!!! That's something I am only beginning to dream now: TN--->GC. Would be really great to get the GC in such a short time.
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First of all , Thanks for your very useful reply, Nelsona!

I had talked to my HR manager today, regarding my wish for GC and filing PERM in EB2 Category ( Bachelors + 12 yrs Experience). It seems, they will consider it after they file my H1b Visa on 1st Apr. But, he also mentioned, there is More chance of having Rejections in filing PERM in EB2 category ( which will get you GC within a Year time). And, my company recently had a EB2 - PERM rejection for a Candidate. But, as I know, EB3 will put me in Long Waiting Period of around 5 yrs or so.

NOw I am wondering, if EB2-PERM is rejected is it possible to file the PERM with EB3 category once again ? Of course, I will choose EB3 option , only if EB2 does not work and also if I get H1b visa in Oct 08.

Do you think, it would be a worse case scenario, if EB2 gets rejected and you want to withdraw from your GC process, in order to continue working on TN visa. But, by that time, your records already showed that, you intended to work on GC process and later withdrawn. So, it would be very likely to get TN rejection for the next time??
 
Don't let HR fool you into waiting for H1. It is unlikely that you will get H1. Then what?
 
CanadaIndianGuy said:
Do you think, it would be a worse case scenario, if EB2 gets rejected and you want to withdraw from your GC process, in order to continue working on TN visa. But, by that time, your records already showed that, you intended to work on GC process and later withdrawn. So, it would be very likely to get TN rejection for the next time??
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A Labor Cert (approved or denied) should have no bearing on a TN renewal, or new TN.

Nelson is right. Ignore HR and get the LC started yesterday.
 
Congrats! sometwo.
I have a question on new H1B filing. I'm on TN now (company A) and planning to apply for new H1B (company B) on April 1st - the lawyer asked me for my Canadian address for H1B filing - when I asked why is it required, he mentioned that USCIS needs to assign the consulate to go to to get the H1B visa stamping (if my petition is selected in ltry and approved). But from this forum (thru nelsona and others), I came to know that Canadian citizens are not required to go to consulate to get the H1B stamping - but can get it at the border or through mail (COS). I'm worried that the lawyer may be making a mistake by specifying the foreign address. Since some of you switched from TN to H1B, did you guys did the same? was there a consulate name printed no I797 approval notice?.. please advice if there is any thing special need to be done for Canadian citizens on TN while filing for new H1B? Quick reponse will be appreciated since my lawyer will be mailing the documents by the end of this week.
 
abeers said:
he mentioned that USCIS needs to assign the consulate to go to to get the H1B visa stamping (if my petition is selected in ltry and approved).
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Congratulations! You've discovered that your lawyer's an idiot, lazy or uninformed. You decide.

Since some of you switched from TN to H1B, did you guys did the same? was there a consulate name printed no I797 approval notice?..
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If you don't have a foreign address, don't supply one, and don't provide a consulate for stamping if they ask for one. USCIS knows how to deal with Canadians, even if your attorney does not.
 
Thanks guys for your congrats to me!

TheRealCanadian - there is a place for foreign address on one of the apps. (H1B or I-485) and I provided my friend's address, but only to fill out a box on appliction. It has nothing to do with H1B stamping at the Canadian consulate. I left US on TN (Sep 30, 2007) and entered on H1B (Oct 6, 2007) with the approval notice ONLY (in Detroit by car). No questions asked.

Regards and good luck to you all!

Nelsona - congrats on your long awaited GC! ;)
 
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