Was your TN to GC process succesfully completed?

CalGreenCard

Registered Users (C)
#21
Success = maintained work authorization thru TN to EAD/GC
Unsuccessful: had broken period between TN and EAD/GC
H1: used H1 as a bridge.
I used to post here more regularly but just popping back in for a quick Fourth of July visit in my adopted country :) .

I'm not sure whether my situation would have been considered "successful" or not. My GC process was about a decade ago--from 2003-2005--and I gather procedures have changed since then. Due to a bad relationship with my then-employer, I opted for a self sponsored EB1 I-140/I-485 concurrent filing. My employer, meanwhile, sponsored me to change from TN to H-1B. Not long after (but after) the I-485 filing, my relationship with my employer deteriorated to the point I was let go. The economy wasn't great at the time, and by the time I found new work, more than 90 days had elapsed since the I-485 / I-765 filing. As such I opted for an interim EAD from my local USCIS office followed eventually by a full EAD and my GC approval.

However, had I found work faster, another option would have been to request a new H-1B using H-1B portability. That would not have been possible had I been on TN. Thus, although I didn't have continuous work authorization, that was more due to problems with my old employer, and I always had an option available for work authorization had a job existed.
 

kanuk@york

Registered Users (C)
#26
Just wondering how many people on this forum who were previously in TN Status have successfully obtained a green card.


The point I'm trying to make with this poll is that sooooo many people come in here asking if anyone has done TN to GC, or if anyone has had problems. The answer, I expect, is that very few people if at all any have had problems.

Hello everyone, I got my 1st TN back in June 2001 as CSA. I have renewed it probably 10 times since. In March of 2015, went ahead and started the perm process. Got Perm approval in October and filed I-485 in mid November.

Last TN was issued July 2nd 2015, valid for 3 years.

Application details:
PD: March 15 2015
Cat: EB3
Country of Birth: Canada

I485 timeline
Nov 12 - 2015 | Package sent to Lincoln for processing
Nov 13 - 2015 | Package received by USCIS
Nov 16 - 2015 | Confirmation sent
Nov 20 - 2015 | Confirmation received
Nov 20 - 2015 | I140 approved
Des 5 - 2015 | Biometric appointment notice sent
Dec 10 - 2015 | Biometric appointment received
Dec 22 - 2015 | Biometric completed
Jan 14 - 2016 | Received EAD Cards

RFE's
1St
Note: Issue with BC, no parent lineage
Mar 08 - 2016 | RFE
Mar 24 - 2016 | RFE reply

2nd
Note: Issue with name's on BC.
Apr 6 - 2016 | RFE issued
Apr 24 - 2016 | RFE replied

May 05 - 2016 | AOS/GC Approved

Note: traveled to Canada in March and used EAD w/o any issues.

Good luck everyone
 
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OttawaSenators

Registered Users (C)
#31
I'd like to share my experience so far on my TN-to-GC journey. I was a happy man on TN, H-1B and then TN again for 12 years. Unfortunately my I-485 has been pending for 1.5 years and it has been stuck in background check due to my place of birth. It has got to the point that the sponsor's attorney is working on filing a writ of mandamus lawsuit with the US District court. My sponsor does not cover the lawyer fees for this and I have to cough up at least $6K and possibly more if we have to go to court for a hearing.

My advice: if you are born in one of the following regions, do not bother with GC and be a happy person on TN because it ain't worth it: East Europe, Middle East, North Africa, all former Soviet Union countries or any Muslim majority country like Malaysia. You will be, what they call, CARRP'ed and stuck in background check for a very very long time. Their goal is neither approve nor deny you until you give up and go back to your home country.
 

nelsona

Registered Users (C)
#32
I was stuck in background for 3 years and am born in Canada with absolutely no ties to any of these so-called undesirable countries.
Don't give up. You can be on EAD forever, and that is better than TN.
 

OttawaSenators

Registered Users (C)
#34
I haven't given up yet. Filing a WOM shows that. Life on EAD, however, in my field is not an easy one. Most jobs in my field are contract jobs. I cannot invoke AC-21 if the job is a contract one. On top of that, these days USCIS requires you to file a form called I-485 Supplement J in order to invoke AC-21. One section of the form needs to be filled out and signed by the new employer. Signing that form subjects the new employer to audits. A lot of employers, especially smaller companies, are scared by that. They think it is some sort of sponsorship for GC. Therefore I prefer to be on TN in my current situation. It was so easy for me to take on any kind of job in my field using TN.
 

nelsona

Registered Users (C)
#35
GCs are not for contractors either. Besides, you HAVE a sponsor now, so it isn't impossible. The orony is that, if you (or anyone else) is indeed a security risk, letting you stay in US indefinitely by leaving your case in FREEZE defeats the purpose.
 

OttawaSenators

Registered Users (C)
#36
What do you mean GCs are not for contractors?! Of course a GC holder can take on a contract work instead of a perm position. I actually might consider it when I get my GC. There is tons of money to be made that way. The only drawback is health insurance.
As for my sponsor, if they lay me off, I'll have a hard time finding a perm same/similar job. I didn't have that restriction when I was on TN. This is indeed a con when comparing TN to EB-EAD.
By the way, the argument you made about security risk was made by a couple of WOM judges back in the 2007-09 timeframe and therefore they speeded up name checks. But during Obama's 2nd term, they went back to CARRP'ing. From ACLU cases that I've read, they do actually put you on surveillance and want to monitor you. In some cases, FBI actually contacted the applicants. And in some cases, FBI actually asked them to spy for them in return for their citizenship/GC getting approved. Oh well, in my case all they see is me going to strip clubs a lot :)
 

nelsona

Registered Users (C)
#38
Actually, a GC would only be awarded to for a permanent position (employee) of a firm, never to a contractor. Once you have a GC, and as long as you and the employer/sponsor are fulfilled the terms of your GC sponsorship for the requisite time, you can do (or not do) what you wish, including being a contractor.
But GC-sponsorship is employment-based, if that is clearer.
 

OttawaSenators

Registered Users (C)
#39
Actually, a GC would only be awarded to for a permanent position (employee) of a firm, never to a contractor. Once you have a GC, and as long as you and the employer/sponsor are fulfilled the terms of your GC sponsorship for the requisite time, you can do (or not do) what you wish, including being a contractor.
But GC-sponsorship is employment-based, if that is clearer.
That was my point too but I applied it to EB-EAD/AC-21: One cannot take on a contract job while on EB-EAD and invoke AC-21. On the list of pros and cons of EB-EAD vs TN, this is a con for EB-EAD. If one gets laid off by one's GC sponsor, he/she can only take on perm positions that are same/similar to the GC job on the PERM. But if one gets laid off by one's TN sponsor, he/she can take on either perm or contract jobs in his/her TN occupation.

Bottom line: the GC path is not for everyone. One should assess all the risks and pros and cons of both ways. Not many people are aware of the restrictions of being on EB-EAD and AC-21. I've met EB2/EB3 people who think in case of a layoff, they can work at McDonald's until their 485 is approved. Wrong!

And here is once again what I've learned and want to share with people reading this forum:
If you are born in one of those regions of the world that I have mentioned earlier, and there are not many perm positions in your field, and/or your job with your sponsor is not relatively stable (cyclical layoffs), then you should think twice before applying for GC! Always know what you're getting yourself into! Know the risks and the restrictions down the road!
 

nelsona

Registered Users (C)
#40
Well, they (and you) can indeed work at McDonalds (or any other job/business), but only until the I-485 is denied (it won't be approved, as you correctly imply). That is one advantage over TN, particularly if you have a skill that is not covered by TN.

One of the drawbacks you failed to mention is that not applying for GC means you will not get GC.
 
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