TN to Green Card Procedure question

TN visa to Green Card Process

Hi, I am new to the forum. I have one question too. I am on TN visa too for the past 3 years, just renewed my visa couple of months ago.

If I were to apply for Green card directly by applying for I140 and I485, do I need to get the labor certification or not?.

I renewed my visa thru the border, but for my family I applied for the renewal of TD thru inland (which INS says takes about 3-6 months). So should i wait for the TD renewal or apply for I140 and I485?

Thanks,
Atif
 
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My experience from TN to GC was a bad one, so I didn't recommend you to do so no matter you need a labour cert or not. Switch to H1B first then pursue your GC, it will be much safer.
 
My visa category is "Computer Systems Analyst", I suppose If I require labor certification ( which currently is taking about year and a half) during this time if I go for renewal of my TN visa would I be rejected because of my application for labor certification ?.
 
Yes you can renew TN even you have a labour pending.
Let me briefly tell you my story: I applied for I140/485/EAD/AP while on TN (6 months prior to expiration). 2 months later, I got a RFE on I140, together with that is they put my EAD/AP on hold. My company replied the RFE after 1 month but USCIs didn't touch my case and did not lift the hold status. I could not even get an interim EAD because of this. I was about to force to stop working becasue my TN was expiring and I could not renew TN because I already applied for I485. Few days before my TN expired, USCIS finally approved my EAD. I was in a very heptic situation at that time, so if you have a choice, switch to H1B first then apply for GC. You will still have H1B status to work and travel when there is something wrong with you GC application. You never know what will happen to the whole GC process until you get the final approval. It may take years.....
 
Thanks for all the info, I think under the present scenario its not feasible to apply for GC after all ,the reason being that H1B quota is over for this year and the earlier available would be oct 2005, then apply for labor certification which will take another 1-2 years, then apply for ajustment of status thats another 2-3 years, and thats too much of an hassle.

I wish there would have been a simpler and easier way, but thats just a wish......
 
You can start the process of labour now, then switch to H1b next year whenever they are open to take new application. I think the labour is taking longer than AOS.
 
chongyip said:
You can start the process of labour now, then switch to H1b next year whenever they are open to take new application. I think the labour is taking longer than AOS.
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I agree with chongyip. Although my case has not been as stressful as chongyip's, I have been stressed at every turn becuase of the TN, and the extra precautionary steps needed for a case like this. Take the safe route and go with an H1B, if you can. Personally I was not eligible for an H1b at the time, so TN was my only option.
 
Are there any good and economical lawyers that anyone recommend ?. Ther lawyer my company uses says to file for LC your intent has changed and therefore cannot apply from TN. Also after filing for LC can I travel out of country or not ?
 
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Hi Guys
I have good news I have got my EAD approved and AP approved at the same time. Applied on July 7th 2004 and approved on 11/16/04

Roofi
 
That's excellent news. Don't lose your I-94 from your TN. You may need it for the approval of your green card.
But also, you'll never show your TN when crossing the border ever again. Always show your AP from now on to the border people, and show your EAD for proof of legal work status.
 
What Document I Need For Travel

Dear Fellows
I Think I Did A Mistake And Couldn't Post The Message May E I Am Posting Twice. My Question Is What Document I Need For Travel.

1.ead
2.ap
3.i-485 Notice
4.i-140 Approval Notice


Please Reply
Thanks
 
You need your AP to travel, and show that to the officer first. If asked, sometimes thay may want the other documents also, but don't offer them unless asked. Bring a copy of the I-485 reciept incase they ask. Also bring the EAD incase they ask you if you have permission to work. I've never heard of anyone getting asked about the I-140.
 
TN Approved

dear friends
As I have written before about the case. I have got the all information from this forum about the difficulties of applying green card through TN and after applying the green card, INS denies the TN extension in most of the case. In my case, My I-140 approved this year in June and then I applied my TN extension in May which was going ti expire in June. I have two RRP from INS regarding TN and meanwhile I had applied for I-485 along with EAD and AP. I have got my EAD and AP in November and today they have approved my TN extension too.

Now I want to know, should I use my AP and EAD for travel or TN visa?????????????

Thanks
 
UN is correct. Do not offer your TN, on the border. Only show your AP and EAD. But if they ask about your TN, don't lie either. They may see it in the computer, and may want to see the I-94 from you for proof of when you last entered and under which status, and there is nothing wrong with that. You can no longer claim TN status upon entry into the US, or you will be refused. You must remember that you are in "I-485-pending status" now, and that is the status you must declare if asked, NOT "TN Status".
 
How can I do it?

I am a canadian with TN. I am very interested in TN-GC.
My question is: can I do it myself?

Is there anybody knows lawyers with the expertise and
good price? (grasmick.com is too expensive for me).

Thanks in advance.
 
peter616 said:
I am a canadian with TN. I am very interested in TN-GC.
My question is: can I do it myself?

Is there anybody knows lawyers with the expertise and
good price? (grasmick.com is too expensive for me).

Thanks in advance.
Click to expand...

peter616,
I would not recommend doing this yourself, especially in the case of TN to GC, since there are so many more pussible pitfalls that you need a good lawyer to make sure you don't fall into them. How much does grasmick want. Most lawyers want between $5000-$8000 for the whole process. Keep in mind that the higher the price the less of a chance that he will nickle-and-dime you down the road for stuff that a cheaper lawyer will charge out-the-nose for.
 
curiousGeorge said:
peter616,
I would not recommend doing this yourself, especially in the case of TN to GC, since there are so many more pussible pitfalls that you need a good lawyer to make sure you don't fall into them. How much does grasmick want. Most lawyers want between $5000-$8000 for the whole process. Keep in mind that the higher the price the less of a chance that he will nickle-and-dime you down the road for stuff that a cheaper lawyer will charge out-the-nose for.
Click to expand...

Thank you very much. I will think about it.
 
485 Approved

I-140 AD Sep/03, Approved June 2004. I-485, EAD and AP applied July 2004, EAD and AP approved November 2004, Hope for 485. GOOOOOOOOOOD News Finger printing on April 6th,2005 and I was hoping for Interview call some where around December 2005. Today I checked mail and found two most aluable envelops in mail. 485 Approval Notices without interview and GC already in mail. What a wonderful Journey. Thanks God.........[/
 
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