Will GC process hurt TN status?

S

Silencewind

New Member
Hi folks,

I am Canadian and currently in TN status. My company asks me if I am interested in pursuing a employment based gc after 6 months employment. I am not clear on the impact on TN status by doing so. I will appreciate your advises on these questions:

1. do I have to switch to H1B status first? Will this impact my future TN eligibility?
2. my country of origin has around 5 years waiting time, if process is interrupt during the time (e.g. changed the job/drop out process etc...), will I ever be able to get TN again (will this "immigration intention" hurt future TNs)?

Thank you in advance!
 
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You can go from TN ot GC without H1-B. Please read the "curiousgeorge" posts on this issue. Waiting time doesn't matter, as only the final filing (I-485) affects GC, at which time you would get EAD anyway.
 
Thank you nelsona!

Could you please clarify point #2:
I now understand that I can go from TN->GC. However, I would like to understand if somehow I drop out the GC process before filing I-485, will there be any consequences on future TN eligibility? (on this "immigration intent" thing)
 
As nelsona said--and as curiousgeorge describes in more detail in the post nelsona referred you to--it is not a problem if you drop out of the GC process BEFORE filing I-485. Only you control the filing of I-485 and until that step is taken there is no immigrant intent.

In my opinion and experience, however, it can be a bit of an issue if you lose your job right AFTER filing I-485. At that point you are no longer eligible for more TN's. And you may or may not find a new employer who is willing to deal with I-140 portability issues. The good news is that you will get your EAD (employment authorization) not too longer after filing I-485, and this should help smooth over some of these issues with future employers. My opinion is that it is still best to be fairly confident of your job security before filing I-485. But if you don't file I-485 no worries on future TN's.
 
Agree with Cal, and remember that it is now possible to FILE I-485 even when there is not yet a chance that it will be approved, so a long time on EAD is more likely before final success.

It is still better in the long run to be on H1 during this (especially with spousal H4 EAD possible), the key is to not let your sponsor wait until you are on H1 to proceed.
 
Nelsona - clarification request...

say someone takes the TN-GC route...year-2 of TN, 485 is filed and EAD is approved. Technically, the person can continue to work in TN until its expiry at the end of year-3 instead of switching to EAD , right? or is it recommended that a TN-GC almost always should invoke EAD?
 
The EAD is only needed to continue working at your current once the first of the following occurs:
a) your current TN expires,
b) you leave US and re-enter (you must have) an AP to even attempt this since otherwise your I-485 is abandoned, or
c) you do something else that violates your TN status, like work at another job using the EAD or start a business.

Whenever either of these occur, you must immediately invoke your EAD at your (former) TN job, informing your employer of such for I-9 purposes.

In the past, when EADs renewals were on a year-by-year basis, and there were sometimes hold-ups in EAD processing, one might have concluded that it would be best to stay on a "continuous" status like TN until forced to move to EAD , but now, since EADs are typically granted for a longer period of time, I don't see the need to wait.
 
EAD/AP's are still issued for 1 year if your Priority Date is current. A 2-year EAD/AP combo card is issued only if PD isn't current and even that is totally up to the USCIS IO working on your I-765/I-131, sometimes they issue 2-year and sometimes they don't.
 
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