TN to GC

A

anon1987

New Member
Hi,

I am a Canadian on TN status expiring August 2026. My company has started the GC process and has filed the PERM Certification. If they file the I140 for consular processing, will I have issues with applying for TN visa renewal ? Is it better for my lawyer to wait until I obtain my new TN Visa this August before they apply for the I140? I am very worried about being denied TN status at the border.

Any advise is much appreciated!
 
The only timing issue would be before filing I-485, you would want plenty (6-9 months ) of validity left on your TN. in order to get your EAD before your TN expires.
 
Thank you both for your responses. So would it actually be advantageous to continue with the I-140 application now while I am on my current TN Visa to hopefully get in line quicker. Then in Aug, apply for a new TN Visa and continue waiting before filing I-485. And if I don't have 6-9 months of validity left on my TN - at that point I should wait to get a new TN Visa before filing I-485.

Or is it worth it for me to pay for the premium processing for the I-140 and get approved before my TN Visa is up?

I am an RN for context.
 
It is doubtful that you would be able to get I-140+I-485 applied+ get EAD by August, so you will have to renew your TN, regardless if you expedite I-140. But if your firm wants to pay that fee, why not? Just keep in mind that you may run in to the timing issue I described earlier, which may cause you to delay I-485 submission until after a couple of months after you get your newest TN.

You might want to think about applying for your next TN (by mail I-129) six months before the current one expires -- in other words, very soon, so you don't have to worry about it. That may be worth premium processing.
 
Anon, few things
If you are BORN in a visa back log country like china, india, mexico or Philippines then this PERM labor is of NO use as you will get labor and get even I140 approved but for I485 you will be waiting for visa number and WONT(maybe tough) be able to renew TN.
Also Reg. Nurse is a Scheduled A occupation so why Labor certification is needed? it needs to be I140 and then I485
If you google GC for RN then find various articles from law firms about this. Also after filing I485 you cannot leave country with Advance Parole approved
 
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