Danic4u ... some clarifications for you:
Stages of GC = Labor Cert (LC) ==> I-140 Immigrant petition ==> I-485 (adjustment of status) ==> GC
1) While TN requires non-dual-intent, it is required for you to demonstrate that whenever you renew your TN status or exit/re-enter the US. OttawaSentators is spot on ... CBP has clear guidance from the govt not to deny entry to a TN holder if he/she has only filed I-140. When one files I-485, that's true demonstration of immigrant intent and future TN renewals may be denied.
2) Different people have different circumstances. Depending on your degree + work experience, you could fall under EB1, EB2 or EB3 for employment based immigration purposes
3) Immigrant visas are backed up for EB2/EB3 for citizens of China and India. Canada falls under ROW (rest of the world). All of this operates using the country-of-birth paradigm ... i.e. if you were born in India or China, you will be counted against the quota from that country even if you have Canadian citizenship. US state dept. publishes state bulletin monthly and EB2/EB3 for China/India is several years backlogged. If you are in ROW, EB3 i believe has a 3-yrs wait time while EB2 is current which means that the moment the LC is complete, you can apply for an immigrant visa
4) Start the LC process asap. As nelsona mentioned, this process is COMPLETELY employer controlled
5) If your employer is willing to sponsor H1 and if you can go from TN to H1 .. great! Merely applying for H1 does not indicate dual intent. I confirmed it with my company's lawyer
6) When did you get your TN? Depending on your EB* category its possible that your application for GC might be in progress and the time might come to renew your TN status. A lot of lawyers would recommend just filing for I-140 and then waiting to renew TN and only once TN has been renewed, file for I-485. I dont mean to scare you or anyone but naturally once you file for I-485, TN renewals wont happen now or likely in future. Hopefully that shouldnt be an issue since after filing 485, you will get EAD (Employment Authorization Document) while your 485 is processed
As many of the comments indicated, find an employer willing to sponsor your GC from TN. Many employers might want you to go through H1 route perhaps to buy time since the process is costly. The sooner the process is started, the better.
Good luck. Feel free to ask questions if you have any.
Stages of GC = Labor Cert (LC) ==> I-140 Immigrant petition ==> I-485 (adjustment of status) ==> GC
1) While TN requires non-dual-intent, it is required for you to demonstrate that whenever you renew your TN status or exit/re-enter the US. OttawaSentators is spot on ... CBP has clear guidance from the govt not to deny entry to a TN holder if he/she has only filed I-140. When one files I-485, that's true demonstration of immigrant intent and future TN renewals may be denied.
2) Different people have different circumstances. Depending on your degree + work experience, you could fall under EB1, EB2 or EB3 for employment based immigration purposes
3) Immigrant visas are backed up for EB2/EB3 for citizens of China and India. Canada falls under ROW (rest of the world). All of this operates using the country-of-birth paradigm ... i.e. if you were born in India or China, you will be counted against the quota from that country even if you have Canadian citizenship. US state dept. publishes state bulletin monthly and EB2/EB3 for China/India is several years backlogged. If you are in ROW, EB3 i believe has a 3-yrs wait time while EB2 is current which means that the moment the LC is complete, you can apply for an immigrant visa
4) Start the LC process asap. As nelsona mentioned, this process is COMPLETELY employer controlled
5) If your employer is willing to sponsor H1 and if you can go from TN to H1 .. great! Merely applying for H1 does not indicate dual intent. I confirmed it with my company's lawyer
6) When did you get your TN? Depending on your EB* category its possible that your application for GC might be in progress and the time might come to renew your TN status. A lot of lawyers would recommend just filing for I-140 and then waiting to renew TN and only once TN has been renewed, file for I-485. I dont mean to scare you or anyone but naturally once you file for I-485, TN renewals wont happen now or likely in future. Hopefully that shouldnt be an issue since after filing 485, you will get EAD (Employment Authorization Document) while your 485 is processed
As many of the comments indicated, find an employer willing to sponsor your GC from TN. Many employers might want you to go through H1 route perhaps to buy time since the process is costly. The sooner the process is started, the better.
Good luck. Feel free to ask questions if you have any.
