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Canadians Working in America

  • Last Updated:
  • Feb 14th, 2022 9:48 am
Jr. Member
Nov 20, 2021
105 posts
102 upvotes
maverickrocks wrote: How hard it is to change the status from TN to Eb-2 if the OP mee the requirements .

I came across a website that says
Your text to link here...

I went to uscis website on one of the eligibility criteria is
Your text to link here...
A license to practice your profession or certification for your profession or occupation
( I do have P.eng License from Canada)

Will this process makes it easy for the OP to change to status to EB-2 for GC processing?
I think the risk with going straight from TN to GC is that you can't renew TN once you're in the middle of the process. With the slower i485 processing time right now, I'd assume most immigration law firms would advise not to take that route and instead trade for a H1B first.
Jr. Member
User avatar
Dec 25, 2017
192 posts
15 upvotes
Ottawa
nocwia wrote: I think the risk with going straight from TN to GC is that you can't renew TN once you're in the middle of the process. With the slower i485 processing time right now, I'd assume most immigration law firms would advise not to take that route and instead trade for a H1B first.

Thank you so much .
If i understand if the op is under TN visa ( and the renewal will happen after 3 yrs). After first one of TN visa if op file for EB-2 it takes 18-24 month and there is a risk of the renewal for TN visa in the second cycle ?

Thank you .
Jr. Member
Nov 20, 2021
105 posts
102 upvotes
maverickrocks wrote: Thank you so much .
If i understand if the op is under TN visa ( and the renewal will happen after 3 yrs). After first one of TN visa if op file for EB-2 it takes 18-24 month and there is a risk of the renewal for TN visa in the second cycle ?

Thank you .
I believe you cannot renew (that includes leaving the country and coming back) once you file I485, which has a ~12 month or longer wait time right now. This is because you are not supposed to have immigration intent on the TN status.
Member
User avatar
Mar 24, 2016
473 posts
118 upvotes
Toronto
How did you find this job in NYC?
Your field of work?
Jr. Member
Sep 23, 2018
183 posts
59 upvotes
uber_shnitz wrote: - If you plan on doing something longer term, the path to it is via the H1B not TN which is a temporary non-immigrant intent visa
H1B is not a requirement to apply for Green card. I've had a few friends who have gone directly from TN to Green card, now that they're renewable in 3 year terms, instead of the previous 1 year.

Can you please confirm if all of these friends are born in Canada? How long was the process from starting the GC to getting EAD or the GC in hand?
yo2boy wrote:
Do you have more information about this? Everything I read said no path to residency via TN.
cnfjti3 wrote:
You can't have immigration intent at the time when you apply for TN. Once you have the status, it is valid for 3 years. During that time a company can still sponsor you for GC. Once either your I140 or I485 is filed you won't be able to renew your TN since one or both of those carry immigration intent. But if the whole process is done before your status expires then you can get through it.
B0000rt wrote:


https://citizenpath.com/tn-professionals-adjust-status/

I recall my friend saying she waited 3 months to Adjustment of Status.

I could ask for the lawyers contact information if you guys are TN and are looking for a direct path to GC.

Let me know
Can I PM you for the lawyer's contact info? Also I have some queries which may be your friends might have the answer to if they researched on TN > GC on their own?
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Though I can't really comment on OPs primary question but am sure he/ she has got detailed and accurate info above. I am very keen in knowing more about the above quotes.

I am waiting for my Canadian passport (Indian by birth). Once I get the Canadian citizenship I plan to get a job in US and relocate with my family. I'd have 2 options, one TN and other being a cap-exempt H1B I have which still has few years left on it (if employer prefers to use this or gives me an option).

I plan to settle down in US, already have worked in US earlier for few years.

My aim is to get permanency in US asap. I don't wish to use the 3 year renewals every year. Hence wish to start GC process asap. Which lands me to the primary question which is being discussed here

TN > PERM > GC
TN > H1B > PERM > GC

Since my birth country is NOT Canada I guess my processing would be extremely slow as for India and China. EB2/ EB3 are around 20 years of waiting before your priority date becomes current.

EB1 - not so. I think its still within 3 years at the max. Many have gotten the GC in 6 months. I have to meet the requirements for EB1 though which is a little tough at the moment.

I read in some comments above, someone mentioned about GC processing in 18-24 months. I am assuming the user is born in Canada?

Any of my information above seems incorrect or if you have any pointers on this or if there is another thread somewhere here, please guide me to that info. This is for my own research before/ if I end up paying an attorney.

Thanks
Deal Fanatic
User avatar
Nov 6, 2010
9964 posts
1899 upvotes
Montreal, QC
snorkel4u wrote: H1B is not a requirement to apply for Green card. I've had a few friends who have gone directly from TN to Green card, now that they're renewable in 3 year terms, instead of the previous 1 year.

Can you please confirm if all of these friends are born in Canada? How long was the process from starting the GC to getting EAD or the GC in hand
It's not a requirement but applying for a GC while on a TN status invalidates said TN (due to you now having immigration intent) so that means you can't leave and re-enter the US on your TN-status while everything is processing whereas if you're on H1B you can freely come and go during the process. This may not be an issue if you never plan on traveling but I didn't want the headache (and I got selected for H1B cap on my first attempt) so I just went with H1B (I'm EB3 I believe).

I'm in the process now (started in July 2021), I just filed for PERM last month (they sped through PWD lucky for me some of my friends had to wait 6-8 months for this alone). Born in Canada and expect the process to take roughly ~6 months for PERM approval assuming no audit (then it can be 12-18). After that it's I-140 and I-485 which can range from 1 to 2 years depending on the backlog and priority dates.
Jr. Member
Sep 23, 2018
183 posts
59 upvotes
uber_shnitz wrote: It's not a requirement but applying for a GC while on a TN status invalidates said TN (due to you now having immigration intent) so that means you can't leave and re-enter the US on your TN-status while everything is processing whereas if you're on H1B you can freely come and go during the process. This may not be an issue if you never plan on traveling but I didn't want the headache (and I got selected for H1B cap on my first attempt) so I just went with H1B (I'm EB3 I believe).

I'm in the process now (started in July 2021), I just filed for PERM last month (they sped through PWD lucky for me some of my friends had to wait 6-8 months for this alone). Born in Canada and expect the process to take roughly ~6 months for PERM approval assuming no audit (then it can be 12-18). After that it's I-140 and I-485 which can range from 1 to 2 years depending on the backlog and priority dates.
Thanks Uber-shnitz, I now understand it is possible to start the GC process even while you are on TN. Just need to be careful that the process should complete before the TN term expires. Someone gave a good explanation that the immigration intent needs to be only expressed and shown while getting the TN (probably at the port of entry). And that's why its possible to start the GC process while being on TN. But the key thing to note here is - it is a lot easier for a Canadian born citizen to start the GC process and get it in hand in 3 years, irrespective of the EB category, because the country based wait times are not crazy. As crazy as India and China.

As an Indian born Canadian citizen I can NOT complete the GC process in EB2 and EB3 categories in the 3 years of the TN. Hence EB1 is the only option. Trying to find out any one in the same boat as I to learn anything new than what I already know of.
Banned
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Feb 1, 2022
3 posts
2 upvotes
Coderre
I went to America as an exchange student and now work part-time at a local cafe. I won’t say that my life at this stage is ideal, but I get a good salary for my work. Americans sometimes envy us because of a few little things. For example, we have more breaks and days off than they do, and we also get free medical care. But these differences do not prevent me from making new friends. However, we are all young and friendly people first of all!
Jr. Member
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Dec 25, 2017
192 posts
15 upvotes
Ottawa
I have a TN Visa , Can I work and study in USA with NAFTA-based classification ?

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