TN to GC through work- I-485 vs CP???

S

Sunshine8585

New Member
Hello
I have read through the forums (and the great curiousgeorge posts), but wanted to get some opinions since most of what I am finding is from 10 years ago and some rules have changed.

Here is my situation:
Canadian, initially moved on a TN in 2002. I was at the same job until September 2011 and kept valid TN status during that time

Moved back to Canada in sept 2011, completely "reimmigrated" (driver license, imported my car, etc) until sept 2013, at which point I returned to my same previous USA employer under a new TN (which is my current status). They missed me that much hehe. At that time my boss agreed to start the GC process - some adds were already out as they were looking to add 3-4 more veterinarians to the clinic. I hired a lawyer who specializes in immigration, but my feeling is that he has never done a TN to GC. It was agreed with my boss prior to me coming back that if I was to stay more than 3 yrs I would want to get a GC, as it was starting to make me nervous to keep getting TNs/intent purposes. Otherwise I would come for 3 yrs then come back to
Canada.

PERM was approved in January 2015, after lengthy posting process and submission last spring.

Now we are going to file the I-140 with premium processing. I am a EB-2 category and my priory date is current. I do not have dependents.

At this point my lawyer plan is to file the I-485 as soon as the I-140 gets approved (with premium, should take less than a month). I am a little worried about the whole "intent" situation - I have read that consular processing may be better, since you are physically leaving the country to apply. Taking 2-3 weeks off work and staying with relatives in Montreal is not a problem. Would this be a safer route to get approval? I understand that if I'm denied with CP, I have pretty much no recourse. If I go the I-485 route, and get EAD and AP documents, can they deny me still on intent since the process got started pretty soon after I got here on a TN? (I actually had hired the lawyer prior to coming here but none of the process was started til I was here and PERM filed 9 months after my arrival).

Any thoughts or experiences would be greatly appreciated!!
 
The rules have NOT changed at all in 10 years.
You said "can they deny me still on intent since the process got started pretty soon after I got here on a TN?"
No. This never happens.
I would go AOS instead of CP. You are in the US, and should get your GC within months (and will have EAD and AP anyways). This is not a worrisome situation at all.
Your lawyer could file I-485 today, why wait for I-140 approval? Since your lawyer is willing to make all these filings without insisting that you migrate to H1-B, I would go with him; He is already more savvy than most immg lawyers on this subject.

So, sit tight in US while you wait for AP and EAD.
 
He will do concurrent filing if I want him to, I just figured since we are doing premium processing of the I-140, id prefer to make sure it's approved before filing the I-485. If it was for some reason denied I could at least carry on with my TN for the next 1,5 year it has left on it. As opposed to getting a denied I485 and being out it status.
 
That is a good point. Just to be accurate, your I-140 would be denied, and then your I-485 would be cancelled -- but you would have already demonstrated immig intent and would indeed be stuck.

Whether your I-140 gets denied or approved, you can stay on TN and renew or get new TN as long as you wish (not just the current one) as long as you don't file AOS.
 
So nelsona, do you recommend filing I-140 first and making sure it is approved and then I-485? It sounds pretty safe to me. But on the other hand, what could cause an I-140 to be rejected? If you have an approved PERM, wouldn't getting an I-140 approved be a piece of cake?
 
Ott,
It is a personal decision. If married and spouse is waiting for EAD, I would ALWAYS file concurently Otherwise, I-140 premium is not a bad idea (premium I-140 has not always been available). Retrogression is the risk there and you may get an approved I-140 and not be able to file I-485; no danger to your TN, but spouse loses out on getting EAD.
I agree that PERM approval almost always will mean I-140 approval (more so than in the days of State-run labour Cetrification), but there is always a risk.
 
I am single. I am now leaning towards filing I-140 first. My employer had major layoffs. They laid off a whole business unit, 2500 people (but I am not in that unit). I am concerned even if they don't get audited for PERM, there is a risk in getting I-140 itself. Is USCIS also sensitive to layoffs like DOL is?
 
Sigh. I picked up my i-140 form from the lawyer today to get it signed and found about 10 mistakes on it. Some completely wrong information (addresses, phone numbers), missing (SSN, visa numbers), then multiple typos. Also was still filed as if concurrently filing the i-485 - which I could understand since we changed plan recently and maybe clerk didn't get the msg, but then in that case it was missing the whole EAD and AP paperwork (and approval for lawyer to file those for me as well on the G-28). I sat with the clerk lady and made her correct everything, then found that she inverted letters/numbers AGAIN after I left with the forms. This is why my degree of confidence is dwindling..... Is that typical to happen? I feel like I'm paying a professional to make sure everything gets filed properly and this is adding more stress to the whole process! I've emailed him about my concerns, when I talk to him he seems pretty knowledgeable, but dealing with his staff has been a challenge during PERM too from what I'm told by my manager.

One of the questions on the i-140 form is to give my Canadian address. I don't have one anymore, so they put my father's address (where I haven't lived in 15 yrs). Should this be left blank? Or list my most recent address? (which I have no ties left with whatsoever)
Also - FORM G-28, filing for my work/signed by my manager, lists the i-140 but not the premium processing form, and also still lists the G325a (biometrics), which will go with the i-485 - shouldn't that be listed on the G-28 filing for me form that I sign?

I would appreciate if anyone who has decent knowledge of these forms to let me know the proper way for them to be filed, since at this point it wounds like I have to double check everything on my own!
 
You need to follow up with lawyer. We can't fix your paperwork.
Your TN I-94 number should only appear on I-485, since it proves status. I-140 has nothing to do with current status.
 
I understand that, I was just hoping to get some information to make sure it is filed properly before sending. I already have mentioned my concerns with him and that I want the paperwork to be reviewed carefully before submitting
 
You can read the form, and you obviously are astute enough to have found the mistakes you did find. Not much we can do here other than say catch all the mistakes.
 
Yes, I can read the form

I still don't know which canadian address should be filed, if any. Since I am finding errors, I also am nervous about the answers to the questions I'm not sure are right or not. I am not trying to be difficult with my lawyers, I picked the office, but since I now have to verify everything I was hoping to acquire some knowledge from people who have filed these before. Ultimately it's me who will end up out of status if things aren't done right.

But I see that maybe I have come to the wrong place to get information, thanks anyways, I'll figure it out!
 
This is a volunteer forum. One thing I willsay though is that your questions are veering far away from TN issues, are they not?

There are both I-140 and I-485 boards on this forum. Better asked there.
 
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