TN to GC (family based)

[pvm1065]

I am currently working on a TN1 and am interested in getting a green card. Here's a bit of my background - I got my Canadian citizenship in March 2006, before which I had Indian citizen. I worked in US from 1999 till 2001 on an H1. I got Canadian permanent residency and moved to Canada in 2001.
My sister and her family are in the US and I am interested in pursuing family based greencard through her until I can find an employer who will sponsor my gc.

I have a few questions relating to I-130 form

"Item C- Information about your relative"
2. address _ Should I give US or Canadian address?
9. U. S. Social Security Number - I have a SSN from working here on H1 - I should give this.
10. Alien registration number – I understand I will get one only after the process starts.
13. Has your relative ever been in the U.S.?
14. If your relative is currently in the U.S., complete the following:
He or she arrived as a:
Date authorized stay expired, or will expire,as shown on Form I-94 or I-95
15. Name and address of present employer
Date this employment began

For Items no 13, 14 and 15 - I worked here on H1 earlier. If I pursue this option and mention that I am on a TN1, will this considered dual intent? Will this adversely affect my future TN. What is the expected timeline for this family based GC. Will this clash with employment based, whenever I start that process?

I also have another question. Can I use any unused portuion of my H1? This might make it easier for pursuing employment based GC.

I would greatly appreciate any advice.
Thanks,

 

[bigboy00]

I do not know much about the family based green cards, but here are my 2 cents:

Family based green cards take a long time - close to decade. Therefore, employment based green card will be the better option for you. There is another reason for staying focussed on the EB green card - After filing I-130, you will (most probably) become ineligible for TN and therefore you will be left with the only option of H1. These days, getting H1 is pretty hard.

Now regarding the recapturing of the time not spent on your previous H1. I am not too sure about the recapturing, but since you were outside of the US for 1 year, you are definitely eligible for a fresh 6 year H1.

I am currently working on a TN1 and am interested in getting a green card. Here's a bit of my background - I got my Canadian citizenship in March 2006, before which I had Indian citizen. I worked in US from 1999 till 2001 on an H1. I got Canadian permanent residency and moved to Canada in 2001.
My sister and her family are in the US and I am interested in pursuing family based greencard through her until I can find an employer who will sponsor my gc.

I have a few questions relating to I-130 form

"Item C- Information about your relative"
2. address _ Should I give US or Canadian address?
9. U. S. Social Security Number - I have a SSN from working here on H1 - I should give this.
10. Alien registration number – I understand I will get one only after the process starts.
13. Has your relative ever been in the U.S.?
14. If your relative is currently in the U.S., complete the following:
He or she arrived as a:
Date authorized stay expired, or will expire,as shown on Form I-94 or I-95
15. Name and address of present employer
Date this employment began

For Items no 13, 14 and 15 - I worked here on H1 earlier. If I pursue this option and mention that I am on a TN1, will this considered dual intent? Will this adversely affect my future TN. What is the expected timeline for this family based GC. Will this clash with employment based, whenever I start that process?

I also have another question. Can I use any unused portuion of my H1? This might make it easier for pursuing employment based GC.

I would greatly appreciate any advice.
Thanks,

 

[nelsona]

Now regarding the recapturing of the time not spent on your previous H1. I am not too sure about the recapturing, but since you were outside of the US for 1 year, you are definitely eligible for a fresh 6 year H1.

Be careful, wishing to completely retart you clock also makes you subject to the quoat, which means the 2 day lottery held on Aprl 1,2 every year.

The resetting of one's clock is not mandatory after one year absence. AC21 basically made ANYONE who previously held H1 status, but who had not run out their clock eligible for continued and immediate H1. Nowadays, resetting one's clock before having used up one's full 6 years is something to avoid if possible.

So, you likely still have 4 years of H1 eligibilty left at this point.

I agree with bigboy that filing I-130 at this point is a wasted effort EXCEPT, that if proposed (far from law yet) changes from family based to points system, all those with filed I-130's might (might) be grandfathered into GC eligibility.

I'm not sure that filing an I-130 for such a far-future eligibility would necessarily be viewed as immig intent, unlike say marriage to a US citizen, which allows almost immediate GC.