TN ---> GC

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ShyBoy

TN ---> GC

Post by ShyBoy » Tue Dec 12, 2006 11:05 am

After getting my 2nd TN, finally I am in a process to go from TN to GC.

I am following this route. PERM -> I-140 -> I-485+EAD+AP -> GC -> US Citizen

Just wanna make sure that is there any change on the step(s).

My employer already filled the PERM couple of days ago..

What is the time line for this whole process from TN to GC now a days. (I came to know that PERM can be done in 60 days now from DOL, is that correct?)

Any recommendations?

Thanks once again.

nelsona
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Post by nelsona » Tue Dec 12, 2006 12:18 pm

The process (albeit simplified) is the correct path.

Remember that you should have plebty of time left on TN when you submit I-485/EAD/AP (like 5-6 months), as you MUST stay in US in order to maintain your TN until you get your EAD/AP.

Also, Premium processing is now available for I-140 (after PERM approved) and this can greatly speed up the I-140 process.
However, if you are EB3 catgory, you have a 3--6 year wait before actually getting GC (and another 5 for citizenship), unlessthe feds make some law changes.


So, if you get PERM approval with 4-5 months left on TN, I would strongly suggest filing I-140/I-485 concurrently (with EAD/AP) or, at the very least premium process your I-140, to give you enough time.


If your PERM was filed EB2, you would most likley get your GC in 2007.

Hope your lawyer (if you have Masters or lots of experience) filed EB2 for you!!
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Webtiger
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Post by Webtiger » Tue Dec 12, 2006 4:44 pm

I have a question on filing I-140/I-485 concurrently.... I had thought (been advised) that you could file your I-140 immediately when you got your labor certification approved but that you had to wait until your priority date was greater than the priority date they are processing on the VISA bulletin to file for your I-485 (adjustment of status) and employment authorization documents and advance parole?

I have a I-140 approved but have to wait for the Visa bulletin to "regress" (transgress, degress, whatever) to my priority date.

I appreciate any info you could provide, thanks!

nelsona
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Post by nelsona » Tue Dec 12, 2006 5:14 pm

Of course, concurrent filing is only available to those that can file I-485 at that time. Otherwise I-140 would be filed on its own.

Remeber though that there are some EB3 LC victims who are just now getting LC approval, with PDs in 2001 and 2002. They could file concurrently. And EB2 can do so as well, regardless of Priority date (PD).

You need to wait until the visa bulletin cut-off date advances past your PD.
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davemet
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Post by davemet » Thu Dec 14, 2006 6:03 pm

What is PERM? I presently have a TN that I will renew in 2 months for another year and want to start the paperwork for a GC. I understand (I think) the process from I-140 and beyond! but what needs to happen before that a PERM?! Also is it very risky to try this with TN versus H1-B status?

Thanks for your help!

Tracyj
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Post by Tracyj » Thu Dec 14, 2006 6:14 pm

That part of the application has mainly to do with your employers ability to hire a foreigner for a full time permanent position. There are a few steps they have to go through before the I-140 can even be started. Mainly to do with ensuring there are no americans that can fill the job.

check out the government perm site for more info.
http://www.foreignlaborcert.doleta.gov/perm.cfm

davemet
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Post by davemet » Thu Dec 14, 2006 6:26 pm

If they hire me as permanent, doesn't it go against the TN principal that your are temporary? I'm actually under contract with them but should get a permananent position in January. Should I renew my TN before they do this? Won't I have trouble renewing my TN?

nelsona
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Post by nelsona » Thu Dec 14, 2006 6:43 pm

the fact that a company classifies one's job as permanent, has nothing to do with how long you will work in that job.

Your TN can only be for one year, but is renewable indefinitely.
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davemet
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Post by davemet » Thu Dec 14, 2006 7:45 pm

Ok. If my employer go ahead and file the paperwork for the PERM, will it impact my TN renewal?

nelsona
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Post by nelsona » Thu Dec 14, 2006 10:52 pm

The only thing along the way of employer-sponsorship that impacts your TN is submission of I-485.
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prasnsrinivara
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Post by prasnsrinivara » Fri Dec 22, 2006 1:28 pm

nelsona wrote:The only thing along the way of employer-sponsorship that impacts your TN is submission of I-485.
Correct; I did two mail-in renewals (so if it makes you feel safer, do all TN-1 renewals mail-in) before getting my GC in 1999 (I'm now naturalised American)
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MikeC
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Post by MikeC » Wed Jan 31, 2007 6:44 pm

Hi all, I have been reading carefully and just wonder. If GC application on 'immigration' stage is either rejected or unsuccessful, will a person EVER be able to get TN after?

nelsona
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Post by nelsona » Thu Feb 01, 2007 12:55 pm

Opinion:

At least 2 things would have to occur: 1) Your I-485 would have to be formally denied in the USCIS system (no appeals, etc). DEAD.
2) You would have to have clear re-establishment of foreign residential ties.

to me, this would clearly indicate that you had 'given up' on your idea of moving permanently to US.

Look at it this way: If you can't get a TN due to PAST immig intent, neither can you EVER enter US on vacation, since B2 also requires no immig intent. This is obvioulsly not the case, and your Cdn residential ties (at the time you try to get your TN) would weigh heavily in the evaluation.
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MikeC
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Post by MikeC » Tue Feb 06, 2007 7:15 pm

Thank you Nelson, does this mean that there is a little chance of such scenario?
One more question. Is there connection between INS and IRS during PERM EB-2 processing, other words, they need to check your income somehow , I think minimum 68-70K for EB-2. Or do they require income tax or pay stubs?

nelsona
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Post by nelsona » Tue Feb 06, 2007 10:33 pm

Since PERM is forcfuture job, they need assurance from sponsor that they will pay the candidate that ammount. USCIS needs nothing from you except proof of quals.
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