TN to GC Process, Canadian but born India.

Sandhya12

Sandhya12

New Member
Hi,

I have a question on understanding TN-> GC Process

1. After having TNVisa -> I94 -> After 90days living in US
2. Who are eligible to apply I-485 here . Is it through EB2/EB3 Process you people are talking about in all the posts? (like PERM-> I140->I485-EAD) or is it something else.

Please post the steps so that we can understand the process..

I have gone through curious George post but I am not clear on who are eligible to apply for I-485 after TN.
 
Immigrant visa number availability is based on country of birth. Country of current nationality doesn't matter. Under the latest visa bulletins, there is currently only visa numbers available for people born in India with EB2 priority dates from 9 years ago, and EB3 priority dates from 10 years ago. Only when a visa number is available (or in some months, close to being available) will you be eligible to file I-485.
 
The steps are clearly outlined in the curios george post. The only difference for you vs. someone born in Canada is the availability, as newacct points out (if your spouse is Cdn born, or born in most other countries, this can improve availability for you, trough cross-chargeability)
 
What if I already have an approved I-140 (I was in USA on H1b), could there be a problem in going back on a TN?
Though I-140 shows immigrant intent, it was filed before I moved to Canada.
 
@ Sandhya
The priority dates (PD) for EB2 and EB3 categories are in 2013 and 2012 Respectively for those with Chargeability to India (Like your case, where you have Canadian Citizenship BUT were born in India).

What that means is that even if the GC process was proceeding nicely, couldn't apply for I-485 or Consular Process, as we wont have a GC Visa available to us. Unless, of course you have a prior PD from a previous filing which can be "Captured" by your employer.

The issue is not whether or not you can file for GC. Yes your employer can Start the process say in April 2022.

Step1: Perm takes 6 to 8 months - Will be done end of 2022
Step 2: I-140 - apply in Premium - Can be done in Feb 2023.
NOW the wait begins, for your PD to become current. Maybe it will be 2 years or 6 years from now we dont know. And you cannot apply for Step 3 unless your PD is current.
Step 3: I-485 --- LONG LONG WAIT

All looking Good.

But the issue is that you being on TN will need to renew TN.
And when you go to get your TN approval --or--- apply 129 to USCIS - which ever way - Your TN will get rejected - WHY ? Because you showed intent to Immigrate.

Now THEORITICALLY --- Applying I-485 (Step 3) is the "IRREFUTABLE" immigration intent. But REALISTICALLY - an I-140 application whether pending or approved is often taken as an intent, as seen by many.

So TN --> GC for any folks with Chargeability to India is a NO GO.

Unless anyone here tells otherwise.
 
@wkhan,
There is irrefutable evidence that I-140 is NOT to be construed as immig intent. Both arms of DHS have explicit orders to NOT deny TN entry or renewal on that basis,
This is all explained in the curiousgeorge post. No need to stir up false worries.
 
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