TN to GC .. a timeline

Hello Mister said:
I think as nelsona mentioned: "The length of time varies based on what Employment category you are in and how long it takes for PERM and I-140 to be processed. Right now, 3 years would be a good approximation."... whether it takes 15 months or 3 years, it has nothing to do with whether you are on TN or H1. TN/H1/other-work-statuses are merely temporary work authorizations in the US. You are not a permanent worker until you get GC. Let me break down the best case scenario for getting GC per my understanding (Say M1 is the first month of your employment in the US firm under TN authorization) - all of this assumes you fall under ROW EB2 category for which the immigrant visa status is 'current' i.e. an immigrant visa is available as soon as you qualify:

  1. GC process = 1. PERM --> 2. I140 --> 3. I485
  2. Different firms have different policies to kickstat PERM. Say your firm requires 4 months of service before PERM processing starts
  3. PERM processing starts = M4. Steps involved before PERM is filed with DOL
    1. Prevailing wage determination
    2. Placing ads on two consecutive Sundays in newspaper of general circulation for your geographic area
    3. placing a job order with the State workforce agency for at least 30 days
    4. Posting an internal job posting at the worksite for at least 10 busines days
    5. conducting at least 3 additional forms of recruitment during the period mentioned above
    6. a 30-day cool-off period prior to filing PERM with DOL
  4. Just to get to PERM filing with DOL, you are looking at 6-7 months, so you'd be at M11 of your employment with the company at this time
  5. DOL takes 7 months to process PERM --> you are at M18 now
  6. At this point, you can move to Step-2 i.e. I140. Even though you can file I140/485 concurrently, based on what I have read on threads, it is recommended to do 140 and 485 sequentially. Assuming your lawyer files I140 with premium processing, you'd be in M19 by the time you get approved for I140
  7. You can now start step-3 i.e. 485. 5-6 month processing time...you'd have the GC by M25, however,
    1. your dependents and you will get EAD ~ 2-3 months after filing for 485
    2. your dependents and you will get AP which will enable you to travel outside the US. Do NOT travel outside the US after filing 485 without AP. Based on my understanding, you wont be allowed back as you have filed 485 which is immigrant intent

Things that can potentially delay the GC:
  1. PERM audit - 12-13 month delay
  2. your employer's policy doesnt allow for GC processing to begin until after you have worked for them for several months
HTH. Nelsona can correct in case something I stated doesnt make sense.
Click to expand...

@Hello Mister and Others, I am wondering where the above timeline will get delayed for applicants born in India? Is it during PERM or I-140 or I-485 processing?
Also, on a related note where exactly does EB1/2/3 categories come into play i.e. during PERM or I-140 or I-485?
 
Need your advise:

I moved to U.S in May 2015 with TN valid through Apr 2018. My passport will expire in May 2018. Canadian Masters degree and non Chinese /Indian.

In Aug 2015 asked my employer to apply for my GC from TN. They came back and told me "TN to GC is not recommended and is not technically permissible" Which I think a load of bull crap. They rather went for H1b route and lottery. As of now they have not received any receipt for my premium processing. Which tells me either I was not picked up in the lottery or very very slim chance remaining. Bit frustrated now and thinking what should be my next step.

I am thinking to go back to them in few weeks and ask to reconsider TN to GC. But I already lost 1 year in this TN--->H1b game. There can be two approaches I guess:

First:

Get all the papers ready for GC, apply for H1b in 2017. If not selected for H1b then get my TN early renewed for another 3 years and apply for TN to green card.

Second:

Start the process now for TN to GC.

Which one will be best in your opinion? In both scenario, what is the estimated time when I should expect GC.

Thanks.
 
You're wasting your time with this employer. Find another employer who is willing to sponsor your GC ASAP if you are really after getting a GC. If the employer really wants to sponsor you for GC, they wouldn't go down the H1-B road bullcrap. Face it: this employer wants to delay your GC for as long as they can to keep you there. It is either their policy to drag the GC for every foreign worker, or you may have shown desperation and they're taking advantage of it. Look, you have already wasted 1 year with them!
 
Why would they have bothered with premium processing fee for a status that would only start in October!! They are clueless.
 
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