TN visa and green card

M

mpkv

Registered Users (C)
hello:

i am a canadian citizen and am working in USA on TN visa. I have a Ph D in engineering from Canada. Is it possible for me to apply for a green card in the USA? Or do i have to change my visa status? Any help, suggestions will be greatly appreciated.

Thanks
 
Thanks Journey - but looks like the website is down or something since it says service unavailable!! will try again later. The site says:"503 Service unavailable".
 
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thanks journey -the site has tons of info. hopefully should find what i want - or something resembling that for sure. its a good site.

thanks again.
 
Originally posted by mpkv
thanks journey -the site has tons of info. hopefully should find what i want - or something resembling that for sure. its a good site.

thanks again.
Click to expand...

The short answer to your question is that dual intent is not recognized with a TN. In the past, it was never really enforced but has been lately. There are a few stories on Joe Grasmick's site about TN's being rejected while the person had an I-140 filed. It looked like the TN was dead for anyone seeking permanent residency in the US until the joint I-140/I-485 came along. This strategy is actually a bit dangerous with the NIW because of its relatively high rate of rejection. In the event of rejection, you probably won't be able to go back to TN. I had a TN my first year in the US. As I make frequent trips back to Canada, I was a little weary about the fact that a TN could conceivably be re-adjucated at each entry. I seemed to undergo a lot less scrutiny after switching to H1B.

FWIW, when I applied for my TN, I was at the border and was filling in the forms. Under address, the INS guy made me put my old address in Montreal. He said he would have the power to refuse me entry if I had put down a US address.

Brian
 
Hi Brian
It sounds like you have a lot of experience
At what moment I am öff the hook"with TN-When the EA comes, or else? I didn't file 1-14-/1-485 concurrently.
I applyed in May for EB-1-EA, but but recently the LC came through, and I am not sure what would be the best course of action? (My TN expires in April)
Thank you
 
Originally posted by Journey
Hi Brian
It sounds like you have a lot of experience
At what moment I am öff the hook"with TN-When the EA comes, or else? I didn't file 1-14-/1-485 concurrently.
I applyed in May for EB-1-EA, but but recently the LC came through, and I am not sure what would be the best course of action? (My TN expires in April)
Thank you
Click to expand...

You should be off the hook for the TN when the EAD arrives and you *use it*. You can file the I-485 right now and apply for your EAD if you are worried about timing (shouldn't be, you have plenty of time left on the TN). There is a good chance your TN would be renewed anyways, as it seems that the dual intent stuff is being enforced irregularly. If it gets rejected (renew by mail, don't leave the country), you can always whip out your EAD and continue working.

Brian
 
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