TN to L1A

[Chicagomom2020]

Hello everyone,

I have been working on TN status(Canadian citizen) in the U.S. since 2017. My company got acquired in July 2021 by a corporate entity. They have branches and subsidiaries all over the world. They offered an opportunity to work in Canada under the same profile for a year and relocate to the U.S. at the end of one year on L1A and then they agreed to pursue my green card. I assume this will help speed up my green card process compared to the H1B route since I was born in India. Any idea if this is a good idea to accept this offer?

 

[bigboy00]

How do you think it will it "speed up" your process by being on "L" status? There is a long wait for India born people (Priority date) irrespective of their H or L status. You could start your process on any (H/L/TN) status.

 

[Chicagomom2020]

How do you think it will it "speed up" your process by being on "L" status? There is a long wait for India born people (Priority date) irrespective of their H or L status. You could start your process on any (H/L/TN) status.

I thought L1A employers could directly petition for the employee under the EB1C category. There is no requirement for PERM certification as well.

 

[bigboy00]

Yes, you are right about skipping PERM for L1A. But it could be faster to start your GC process (while on TN) without waiting for getting L1 (if waiting to get L1 is taking longer)

 

[Chicagomom2020]

Yes, you are right about skipping PERM for L1A. But it could be faster to start your GC process (while on TN) without waiting for getting L1 (if waiting to get L1 is taking longer)

Yes, you are right about skipping PERM for L1A. But it could be faster to start your GC process (while on TN) without waiting for getting L1 (if waiting to get L1 is taking longer)

Per Jan 2023 bulletin,

Can I directly apply for GC from TN, without applying for H1B? I am born in India and EB-2 priority date is sometime in 2011. Is there a direct path from TN to EB-1C?

 

[bigboy00]

Yes, you can start your GC process while on TN (without applying for H1B). Many people in this forum have taken this route - check out the very first link on this forum: Curiousgeorge TN->GC link.

 

[Chicagomom2020]

Yes, you can start your GC process while on TN (without applying for H1B). Many people in this forum have taken this route - check out the very first link on this forum: Curiousgeorge TN->GC link.

Thank you

 

[Chicagomom2020]

Yes, you can start your GC process while on TN (without applying for H1B). Many people in this forum have taken this route - check out the very first link on this forum: Curiousgeorge TN->GC link.

But the wait time would still apply to me since I was born in India. is there a direct route from I140 approval to EB1C without the foreign residency requirement? This may not be the appropriate forum but I am not sure where else to post this question.

 

[bigboy00]

>>But the wait time would still apply to me since I was born in India
Yes, That's what I was saying in my very first response. But for EB1, the wait times are less as compared to EB2.

 

[Chicagomom2020]

>>But the wait time would still apply to me since I was born in India
Yes, That's what I was saying in my very first response. But for EB1, the wait times are less as compared to EB2.

I don't think I understand clearly. EB1C wait time is about a year vs EB2 which is 12+ years for Indian origin applicants. I cannot wait 12+ years because my son will turn 21 in 9 years. How can I directly apply for green card under EB1C without being employed in a foreign subsidiary, while being on a TN?

 

[bigboy00]

>> EB1C wait time is about a year vs EB2 which is 12+ years for Indian origin applicants.
Correct - That's what I was saying "EB1 wait time is less (about 1 year) than EB2 (10+ years)"
You will not require foreign subsidiary experience / requirements if you have Ph.D. / solid research / patents. Lawyers will be able to explain / assess your EB(x) eligibility.

 

[Chicagomom2020]

>> EB1C wait time is about a year vs EB2 which is 12+ years for Indian origin applicants.
Correct - That's what I was saying "EB1 wait time is less (about 1 year) than EB2 (10+ years)"
You will not require foreign subsidiary experience / requirements if you have Ph.D. / solid research / patents. Lawyers will be able to explain / assess your EB(x) eligibility.

Thank you. I won't qualify under those categories.