Was your TN to GC process succesfully completed?

nelsona

Registered Users (C)
#62
Your current status is unimportant in attempting that type of GC. You need a lawyer experienced in NIW and EB1, so ask on that forum
 
#63
Finally the long journey is over! I received my GC today in mail. Like CuriousGeorge once said: I am no longer curious, I AM APPROOOOOVED!!
Here is the timeline of my GC journey (not my entire US journey back in the 90s or 2004-2014 timeframe):

April 2014: My new employer immediately started the PERM process as soon as I joined them on TN.
July 2015: PERM got approved with no audit (the only thing I got lucky with in my GC process).
Aug 2015: I-140 was filed premium and got approved.
Sep 2015: I-485 was filed.

The pain starts:

· 4/6/16: Filed the 1st SR
· 4/7/16: SR response: in line to be reviewed by IO, contact in 60 days
· 6/6/16: 2nd SR filed
· 6/7/16: The same response as in the first SR.
· Some time end of June before the first congressional inquiry’s result, I had an InfoPass session. The IO seemed clueless and even told me my background check was finished. He probably meant fingerprinting results that come back within days. He told me that my file was shelved due to backlog. This was while tons of EB I-485 applications on or around my receipt dates were being adjudicated.
· 6/28/16: Congresswoman Kyrsten Sinema’s 1st inquiry resulted in: case is under background check. Congresswoman’s office also mentioned they cannot do anything about expediting EB applications.
· 7/31/16: Response to first Ombudsman inquiry: priority dates have retrogressed.
· 8/1/16: Priority dates retrogressed for all EB-2 until new fiscal year (10/1/16).
· 8/2/16: 2nd congressional inquiry resulted in: case still under background review process, contact in 90 days; also they would continue the background check even when the PD is not current.
· 11/3/16: 3rd congressional inquiry resulted in: still under extended review process.
· 12/2/16: 2nd Ombudsman inquiry resulted in: no specific time frame can be provided for my case (grounds for WOM).
· 1/5/17: 3rd SR filed
· 1/20/17: SR response: USCIS has to perform additional reviews
· 2/27/17: 4th congressional inquiry resulted in: my case is still not ready for decision and still under additional review process, contact in 90 days.
· 2/27/17: Ombudsman’s office also initiated their 3rd inquiry. No results yet!
· 3/31/17: WOM complaint filed by my lawyer.
· 4/18/17: Judge ordered: "ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service."
· 4/20/17: Summons submitted by my lawyer to all defendants.
· 6/13/17: Summons re-submitted by my lawyer to all defendants plus AUSA. (Still don't know why the lawyer had to re-submit)
· 7/3/17: USCIS issued RFE to re-do the medical exam that had expired.
· 8/1/17: USCIS transferred my I-485 from NSC to NBC. (probably wanted to schedule an interview; I told my lawyer to give them only a 30 day extension to do whatever interview they want to do or else we go to court hearings)
· 8/11/17: AUSA told my lawyer USCIS is trying to adjudicate the case before the court deadline of 8/18/17.
· 8/14/17: USCIS transferred my case once again back to NSC.
· 8/16/17: Case was approved.
· 8/17/17: Lawyer says he's got a copy of approval from AUSA and wants to jointly dismiss the lawsuit.
Can you please share the contact info for your attorney?
 

OttawaSenators

Registered Users (C)
#64
That attorney left Fragomen and he no longer does WOM (prob because of the griefs I gave him over my misspelled name in court documents :))
Why would you want to hire him anyway? Hire Murthy Law Firm in DC. They are the WOM experts and charge almost half as much as Fragomen does. Ask for Aaron.
 
#65
That attorney left Fragomen and he no longer does WOM (prob because of the griefs I gave him over my misspelled name in court documents :))
Why would you want to hire him anyway? Hire Murthy Law Firm in DC. They are the WOM experts and charge almost half as much as Fragomen does. Ask for Aaron.
Thank you :)
 
#67
Hi,

Not sure this is the right thread to post this, but I'm unsure what happens to the TN status if, for any reason, the I-485 application is denied.
I'm currently under TN status, still have over 2 years on it and just sent out the I-485. Would I still be able to work through the remaining TN validity if the I-485 is denied and if I don't use the EAD/AP card at all (if I get it)?

Thank you!
 
#68
My understanding is no, if your I-485 was denied, you cannot continue on TN status. That is one of the risks in going from TN to GC. That is why some lawyers recommend TN to H1B to GC. If filing I-485 on H1B and I-485 is rejected you can continue on H1B (since dual intent visa/status).
But why are you worried about I-485 being rejected?
If your PERM is approved and I-140 is approved, you should be fine. Extremely low risk of I-485 being rejected. (unless you have criminal history?)
 

nelsona

Registered Users (C)
#69
Incorrect. The TN would still be valid as long as one remained in US. You would not be able to renew or use the TN for entry, but it would remain valid, just as it was during the AOS process, as long as you hadn't switched to EAD as your work authorization, which would only have been necessitated by having left US or performed other work using EAD.

However, the reason for the denial may impact your ability to remain in US, which might then require you to leave, with or without a valid TN. At that point, you could not apply for TN or any other status that does not allow dual intent, even B tourist status, until you could once again prove that you no longer have immig intent, by having, at a minimum, re-established permanent ties outside US.

As amber sez though, I-485 denial would seem unlikely.
 
#70
Thank you for the replies!
Just being paranoid seeing all these websites where lawyers recommend TN to H1B to GC.
I'm applying under F2B and I filed when the 'dates for filing' became current, although there's no available visa yet. Figured the AOS process in itself will be long enough for a visa to become available well before I get scheduled for an interview.
 

nelsona

Registered Users (C)
#73
And you have had no issues with TN? Technically, I-130 is not covered by the same protection as I-140 when it comes to TN validity. But if you have had no issues, good.
 
#74
Haven't had any issues so far. On the last renewal (by mail), the company had to respond to a couple of RFEs before it was finally approved, but I've kept continuous status throughout three TN renewals.
 

nelsona

Registered Users (C)
#75
Curious if your I-129 petition(s) had correct answer for whether you were beneficiary of am immigrant petition? The answer should have been 'yes': An I-130 filed on your behalf.
 
#76
That's a good question, although looking at a form online, the question is if they (the employer) filed for an immigrant petition, so I assume they put in No. I'll see if I can get any info from HR tomorrow.

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#77
Many of you might have read my horror story of out of status debacle in Jun. After getting my EAD/AP I travelled out side country to see my mother and came back on EAD. CBP Officer was surprised that how I went from TN to GC. Anyway I came back without any trouble. Changed my job and moved to Texas in August. Interview letter for OKC office arrived just after I changed my address to Texas. They cancelled my interview and informed that they are moving my file to Texas. I was worried that I'll go back to end of queue for Texas. Luckily they called me for interview on the same date as was previous date. Interviewed on Oct 01 and status changed yesterday to card in production. IO didn't ask any probing question, she just collected documents, new 485j, new job evl, tax papers from last year, marriage cert.birth certs. educational certs etc.

Question 16, part 8 of I485 is asking did you work without authorization to which I said yes and told her about TN expired because my passport was expired, duration and when I went back to work after EAD. My lawyer gave me a letter saying I was out of status and worked without authorization for 4 weeks, didn't break any law by not exceeding 180 days, I gave this letter to IO she made notes and thats it. My son is 15 now so she asked him yes/no questions. I kept the same previous company attorney that applied my I-485.

Very thankful that all went pretty well. All of you who have guided, supported and suggested, a very heartfelt thanks.

TN to GC completed.
 

nelsona

Registered Users (C)
#79
@kondik, good point about the employer not having petitioned. However, if ever asked at the border, you would have to answer yes. You likely have an A# assigned to you.
 
#80
Application details:
Cat: EB3 ROW
Country of Birth: Philippines (Cross-Chargeability:: CANADA (Husband)

I-140 Timeline
Nov 28 – 2017 | Package sent to USCIS
Dec 1 – 2017 | Package received by USCIS
Dec 4 – 2017 | Cheque cashed
Dec 14 – 2017 | I-140 Approved (Premium Processed)

I-485 Timeline
May 7 - 2018 | Package sent to Missouri Service Center (NBC)
May 8 - 2018 | Package received by USCIS
May 23 - 2018 | Physical Noticed Mailed
May 24 - 2018 | Cheques Cashed
May 29 - 2018 | Recieved Physical Notices
June 22 - 2018 | FingerPrints Completed
Sept 19 - 2018 | AP/EAD Text/Email Approval
Sept 21 - 2018 | AP/EAD Physical Cards Mailed
Sept 26 - 2018 | AP/EAD Cards Received
Oct 19 - 2018 | I-485 Interview Scheduled (Interview Date Nov 27, 2018)
Nov 20 - 2019 | I-485 Approved
Nov 25 - 2019 | Green Card Received

***Aug 29,2018 Recieved RFE (Request For Evidence) text/email for birth certificate my husband sent in his "short form" birth certificate instead of a "long form"***
***Recieved the actually Notice by mail Sept 2,2018, Re-sent "Long Form Birth Certificate" to USCIS Sept 12, 2018 USCIS recieved it Sept 13, 2018***
 
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