TN to GC complications - Tax Link

H

hoomanmoh

Registered Users (C)
Just like many others I have been informed that in order to obtain permanent residency from TN , I need to go for H1 first. I have spoken with 3 lawyers and they had the same ideam. The only suggestions from TN to GC (Direct, was couple of forums like this). I am trying to contact this Law Office (Rajiv) and they are not taking new case because of work overload, does anyone know any good lawyer who provides this approach (TN - GC). My TN expires May 31 2007. I guess I have plenty of time. My wife is staying in Canada to find out whether I get stabled in US or we should forget about the whole thing and build up in Canada instead.

I also need some tax forums to take care of my tax issues while in US and Canada at the same time.

Greatly apreciated,
Hooman
 
Re: Garsmick

I emailed him at least 5 times with no answer! I am in San Diego, and I prefer an attorney who is in this region as well.
 
Ya, I believe Grasmick requires that you setup a consultation, and he'll charge for it. He won't give free advice via email or phone. That's probably why he's not responding, just my guess.

There is really no need for the lawyer to be in your area. Everything is done over the phone / fax / email / Fedex either way, even if the lawyer is local.

If you can get over that idea, then you can try my attorney:

http://www.hpolatsek.com/
Be sure to ask for Franklin, and set up an appointment. No need to refer to "curiousGeorge" he'll have no clue who you're talking about.
 
George I cant thank you enough for your contributions to this forum, I just read your full history and the step by step of TN-GC. I really appreciate it. Quick question about that:

How long will it take from the date that you file for PERM (or the very first step of GC) until you get your first EAD (or the date you can safely change your job without being worried of losing your status)? I am a Canadian that was born in Iran (If this matters).


Also what did you mean by priority dates before applying for I485. What is the priory date? I checked the Dep. Of States Website found some visa bulletins but couldn't understand the dates. They are specifying percentages and some far old dates . Can you explain a bit.


Thanks a bunch again,
Hooman
 
Last edited by a moderator:
hoomanmoh said:
How long will it take from the date that you file for PERM (or the very first step of GC) until you get your first EAD (or the date you can safely change your job without being worried of losing your status)? I am a Canadian that was born in Iran (If this matters).
Click to expand...

hoomanmoh,
I just went through this with Marc07. See here:

http://www.immigrationportal.com/showthread.php?t=215483

There are a few things we need to know about your situation to give a ballpark estimate, and the bottom line is that any estimate anyone gives you is virtually worthless, since so many things can change in the time that your case is getting processed, and its impossible to provide an estimate of any worth. But I understand your concern, and so I will provide a ballpark figure, and I welcome anyone to provide other estimates that would negate mine, since I am saying my estimate won't be of any worth either. Its a crapshoot when it comes to estimated processing time. Don't let anyone "promise" you that it would get done in "n" months. When I started my case, lawyers were saying it will take about 12-18 months. In fact many people were even getting it done in 6 months. Mine took 50 months, since so many things changed between when I started the process to the time when I was halfway through it.

Here are the things that determine a ballpark estimate based on what the status of the imigration situation is at this moment in time.
1) Which state would you be filing PERM in?
2) Which employment preference would you be filing your I-140 under? (EB1, EB2, EB3, etc)
3) Which service center would you be filing your I-140 in? (Vermont, Nebraska, Texas, or California)
4) Which country were you born in?
5) Would you be filing an adjustment of status (ie I-485) or Consular Processing?
6) If I-485, then which service center would you be filing your I-485 in? (this is commonly the same as #3, but it can be different)
7) If consular processing, which consulate would you be going to?
8) Are you from a special registration country? (I believe Iran is.)

Even with all that info, I don't have a genie in a bottle, so don't take my estimate as fact.

hoomanmoh said:
Also what did you mean by priority dates before applying for I485. What is the priory date? I checked the Dep. Of States Website found some visa bulletins but couldn't understand the dates. They are specifying percentages and some far old dates . Can you explain a bit.
Click to expand...

As I mentioned in step 4:
"The priority date (PD) for your I-485 is the filing date of your Labor Certification, and this will determine if you can file your I-485 today or not. The country of chargeability is determined by your birth country, regardless of any other citizenships you may have received via naturalization."

Having said that, depending on which country you were born in, and depending on which employment based preference you filed in, if you look at the visa bulletin on the Department of State website, this will determine your priority date. When the date that you filed your labor certification for the PERM process matches or is older than the date that you got from the visa bulletin, then you are eligible to apply for your I-485/EAD/AP, or consular processing.

If we use an example, lets say you filed your PERM labor certification in August 2004. Now let's say you were born in Iran, and you filed in Employment Based Category 3. Then according to the current visa bulletin (July 2006), your priority date for your country of chargeability, and your employment preference used in this example would be October 1st, 2001. That means that even if you had an approved I-140 today, you would not be able to file your I-485/EAD/AP or consular processing until your priority date became current, which, according to this visa bulletin, that would not be for approx. another 34 months (2 yrs, & 10 mnths)

Hope that helps.
 
Last edited by a moderator:
mother of god!!! This is so stressful, almost three years and probably more of everyday stress. I am thinking just to go back to Canada and build up and live happily everafter. I was just goin through the tax complications as well. This is too much for me to handle with a wife and a very young son.
Anyways no more whinings..

1) Which state would you be filing PERM in? California
2) Which employment preference would you be filing your I-140 under? (EB1, EB2, EB3, etc) I guess the EB3 Skilled workers ( I have Bsc from Iran with 10 yrs experience CSA - TN can I go EB2?)
3) Which service center would you be filing your I-140 in? (Vermont, Nebraska, Texas, or California) CA
4) Which country were you born in? Iran
5) Would you be filing an adjustment of status (ie I-485) or Consular Processing? Have no clue what they are but if my guess is right since I am already in US then that would be the adjustment status
6) If I-485, then which service center would you be filing your I-485 in? (this is commonly the same as #3, but it can be different) CA
7) If consular processing, which consulate would you be going to?
8) Are you from a special registration country? (I believe Iran is.) Iran is and I go through this hassle everytime I enter and exit US.

THank you again,
Hooman
 
I cannot stress enough, this is a guess based on the current dates. I please welcome anyone to offer a more "coherent" estimate, if there is such a thing.

You'd be able to use your EAD to change jobs in approx. 66 months if you filed in EB3.

If you qualified for EB2, then you might be able to change jobs in approx. 46 months. Maybe 43 months if you filed concurrently.

Here is a quote from TheRealCanadian in regard to EB2:

TheRealCanadian said:
EB2 requires an "advanced degree", which means a Master's Degree or above. There is no experience requirement for EB2 if you have an advanced degree.

An alien holding a Bachelor's degree plus 5 years' progressive experience may qualify for EB2, depending on how the LC is written. Such a classification invites more scrutiny at the I-140 stage, but if you can clearly prove the experience it may be a significant advantage.
Click to expand...
 
Last edited by a moderator:
Hate to drag this, I have to try all my options. Is this possible to:

Have another company (say a family business - that I know for sure will last at least for that time 66 months) apply for the GC for me in a totally different route, and I stay with my current employer with TN as long as it takes or better say as long as I follow your guide lines in the TN-GC process.

This could ensure I can change my TN at any point of time without having to restart the GC and my GC process will go along the other company.Are there any implications?

Hooman
 
hoomanmoh said:
This could ensure I can change my TN at any point of time without having to restart the GC and my GC process will go along the other company.Are there any implications?

Hooman
Click to expand...
So my understanding is that, you would work for company A on a TN, and company B (family company) would sponsor your green card in a field unrelated to your TN category. When the EAD is approved, then you would go work for company A using your TN. Your intentions are not to work for company B. Did I get it right?

There is a few things to keep in mind.

#1 If the USCIS discovers that the business is family owned, and you are somehow related to the owner(s) then they may require that the owners file an affidavit of support. (I-864) Only US citizens can fill out this form, so if the owner is not a USC, then this won't work. The terms of this form are quite binding, and involved for the sponsor, so make sure your relative reads it. Very few people, other than extremely close relatives will agree to these terms.

#2 Although the GC is technically for "future employment", which means you need to go work for the sponsor upon approval of the green card, most people already work for thier sponsor when they file for PERM, I-140, I-485, EAD & AP, etc. In your case, your lawyer would need to draft a letter that proclaims that although you do not work for company B today, they intend to hire you upon approval.

#3 If you were in a normal sitation, (where you worked for the sponsor when the I-485 is pending) then you could use AC-21. That means once your I-140 is approved and the I-485 has been pending for at least 6 months then the sponsor could lay you off, or you could quit, and use your EAD to find another job.
Here is where it gets a little sticky. Since you're not working for your sponsor yet, you can't really use AC-21, as far as I know. Don't quote me on that one though. I may be wrong. If you can, then hooray.
On the other hand, if you don't use AC-21, then you'll have to work for the sponsor upon approval of the green card. There is nothing to say that they cannot lay you off the day they hire you though. Even though they signed a letter stating they intend to hire you upon approval, thier finacial situatin could have changd, and they may not have a need for your services, for example.
Many people have had long hearted discussions as to whether not working for the sponsor upon approval of the GC creates a problem when applying for US citizenship, since one did not comlpete the commitment to work for the sponsor. If you had used AC-21, then there isn't an issue. If you don't use AC-21, and you don't work for the sponsor, there may be a problem, but if they lay you off on the other hand, you might get through by the skin of your teeth.

#4 Everything else would be the way I outlined in my steps. You still ned to keep renewing your TN, and once you file the I-485, you can't renew anymore.
 
Last edited by a moderator:
I think I got that for the most parts. Here is the actual situation I am thinking.

Company A (The company I am currently on TN) pay is very good, however I am concerned about icompany's future and honestly I dont think I can work there for 6 years - dont like the environment.

Company B (Is not a family business): My very good friend works for that company and is willing to offer me a job (exactly same job category as company A). Pay is not good. (around 20k less) They curently have opening. I am sure they will last for 6 years.

I was thinking to go for the process of the GC with company B based on their current opening, but continue working on Company A as long as I can. (Could I convert from TN to H1 in company A --That's what their lawyer insist of--?)

If I got laid off or for whatever reason it didn't work out, then I'll try to find another job on TN or even go back to Canada. (If company B had an opening at this time can I get TN from B -- knowing that they already filed for GC and we are in the middle of it--?)

Otherwise I'll wait till I get my EAD from company B and if company B had infact opening I can work there and if they didnot have opening then I can find any job with my EAD.

Does this make sense?
 
hoomanmoh said:
Company A (The company I am currently on TN) pay is very good, however I am concerned about icompany's future and honestly I dont think I can work there for 6 years - dont like the environment.
Click to expand...
If that's the case my honest opinion is that you should find another company that will last for you, otherwise you're going to make this unduly complicated for yourself. I went through 3 companies, until I found the one I felt could last the time, and that I felt I could stay with for that long. You may need to do the same.

hoomanmoh said:
Company B (Is not a family business): My very good friend works for that company and is willing to offer me a job (exactly same job category as company A). Pay is not good. (around 20k less) They curently have opening. I am sure they will last for 6 years.
Click to expand...
Take that job with company B, do the green card with them. Don't try to do a "future employment" scenario. With increased complication, comes increased risk. That being said, even the simplest cases get screwed up by USCIS themsleves, so why make it increasingly hard on yourself. Bite the bullet, take the 20k pay cut, or find another employer that is willing to do the GC for you. Ask anyone on this forum. They all thought they had a "simple" case only to find out there were unforseen delays down the road. They would all have traded all thier quandries to get thier GC faster. They know the risks with putting too many questions into the pot. Future employement can be a sticky situation, it can bite you in he but if done wrong. All those years of processing for nothing....think about it. Keep it simple.
hoomanmoh said:
(Could I convert from TN to H1 in company A --That's what their lawyer insist of--?)
Click to expand...
Of course you can switch to H1b, although you'll run into quota issues. Most lawyers won't touch a TN to GC case with a ten foot pole. Its too risky in thier eyes. The biggest random variable is the applicant---you. And if you're already forseeing that you will be hopping companies left and right then TN to GC is not the right path for you to be on anyways.
 
Thank you for your patience and valuable information. Dont you want to be an immigration attorney someday?
 
You must log in or register to reply here.
Top