TN visa to green card

[Blessed]

Hi, 

 

I am new to this forum and this is my first post. oka family friend valla situation idi. The guy did his masters in US and started working on H1B from 2004-10. Then immigrated to Canada in in 2010 on PR and naturalized in 2014. Right now he is working on TN from canada. He has approved labour and I-140 with priority date April 2007. Now the question is can he able to convert from TN to green card? If he can then can he able to  go through the whole process by staying back in Canada?  Thank you all.

[Blessed]

ltt

[Blessed]

ltt

[hello987]

Just now, Blessed said:

Hi, 

 

I am new to this forum and this is my first post. oka family friend valla situation idi. The guy did his masters in US and started working on H1B from 2004-10. Then immigrated to Canada in in 2010 on PR and naturalized in 2014. Right now he is working on TN from canada. He has approved labour and I-140 with priority date April 2007. Now the question is can he able to convert from TN to green card? If he can then can he able to  go through the whole process by staying back in Canada?  Thank you all.

Congrats on your 1st post.

[Blessed]

Thank you for warm welcome.

[Blessed]

ltt

 

[tennisluvr]

13 minutes ago, Blessed said:

Hi, 

 

I am new to this forum and this is my first post. oka family friend valla situation idi. The guy did his masters in US and started working on H1B from 2004-10. Then immigrated to Canada in in 2010 on PR and naturalized in 2014. Right now he is working on TN from canada. He has approved labour and I-140 with priority date April 2007. Now the question is can he able to convert from TN to green card? If he can then can he able to  go through the whole process by staying back in Canada?  Thank you all.

No he can't, he will have to apply for a H1B first and once the H1B transfer is done then he can port the I 140 to his new employer and ask him to apply for his GC. 

[Blessed]

so what you are trying to say is he cannot convert from TN to green card or he cannot use his priority dates on TN?

[GunturMirchiBajji]

16 minutes ago, Blessed said:

Hi, 

 

I am new to this forum and this is my first post. oka family friend valla situation idi. The guy did his masters in US and started working on H1B from 2004-10. Then immigrated to Canada in in 2010 on PR and naturalized in 2014. Right now he is working on TN from canada. He has approved labour and I-140 with priority date April 2007. Now the question is can he able to convert from TN to green card? If he can then can he able to  go through the whole process by staying back in Canada?  Thank you all.

This case is  complicated better consult an immigration attorney. if he has Canadian citizenship and he can apply for green card since his priority date is current and once he get green card it doesn't matter from where he is working if the company allows him to work remotely. 

[KHALLAS]

27 minutes ago, Blessed said:

Hi, 

 

I am new to this forum and this is my first post. oka family friend valla situation idi. The guy did his masters in US and started working on H1B from 2004-10. Then immigrated to Canada in in 2010 on PR and naturalized in 2014. Right now he is working on TN from canada. He has approved labour and I-140 with priority date April 2007. Now the question is can he able to convert from TN to green card? If he can then can he able to  go through the whole process by staying back in Canada?  Thank you all.

 

A TN visa professional must maintain bonafide nonimmigrant intent. Under the U.S. immigration NAFTA regulations a TN applicant cannot intend to establish permanent residence in the U.S. and must satisfy the inspecting officer that the proposed stay is temporary and has a finite end. This means a TN visa professional must intend to depart the U.S. at the conclusion of the TN employment. In immigration parlance, this means that the concept of dual intent does not apply to TN visa status.

[tennisluvr]

9 minutes ago, Blessed said:

so what you are trying to say is he cannot convert from TN to green card or he cannot use his priority dates on TN?

TN Visa Status with a Pending Green Card Immigrant Petition

Once you have been admitted to the United States in TN visa status, your circumstances may change so that you become eligible for a green card. Although you can be the beneficiary of a green card petition while in the US in TN status, you should be careful doing this since problems may arise because TN status requires you to maintain nonimmigrant intent. If you have questions about the TN visa and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

Can I apply for a green card while maintaining nonimmigrant intent?

Customs and Border Patrol (CPB) guidance provides that you must have nonimmigrant intent at the time you apply for TN admission into the US, but does allow you to have a future intent to immigrate without abandoning your TN nonimmigrant status, so long as you have nonimmigrant intent when you were admitted. Becoming a green card petition beneficiary is a manifestation of your intent to stay in the US, and at that point you may no longer have nonimmigrant intent. This means that once the green card petition is filed, you can still stay in the US in TN status, but any applications for TN status extension or US readmission in TN status may be denied on the basis that you lack nonimmigrant intent.

Can I establish nonimmigrant intent while my green card is pending?

Legacy Immigration and Naturalization Service (INS) guidance says that if you have an approved I-140 immigrant green card petition, you should not be denied TN admission or extension solely on that basis, if you can still establish that your intended TN stay in the US will be temporary. Therefore, you could technically get TN admission or extension while your green card petition is pending, but it’s not easy. First, you would need to establish that your current TN work objective is totally separate from your future intent to immigrate. Second, you would need to establish that your current TN work assignment has a specific ending date, and that you intend to depart from the U.S. on that date. A good immigration attorney can look at your case and help you gather the appropriate evidence necessary to accomplish this.

Consular processing avoids the immigrant intent problem

If your immigrant visa petition will make a green card available to you before your current TN status expires, you can avoid the immigrant intent problem by selecting consular processing outside the US on Form I-140 rather than adjustment of status in the US. The reason for this is because once you ask for consular processing, this virtually guarantees that you intend to depart the US before becoming a lawful permanent resident.

Should I change status to another visa?

Being the beneficiary of a green card petition should not disturb your current TN visa status. And if you can get your green card status before your TN status expires, then there should not be a problem. However, be careful if your green card petition will be delayed due to a priority date queue, and if your TN status will expire before your green card status is approved. In this situation, you may want to consider changing status to another nonimmigrant work visa such as the H-1B or the L-1, which do not require you to establish nonimmigrant intent. If you would like further information about the TN visa or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.

 

https://www.shihabimmigrationfirm.com/tn-visa-status-with-a-pending-green-card-immigrant-petition.html

[KHALLAS]

6 minutes ago, GunturMirchiBajji said:

This case is  complicated better consult an immigration attorney. if he has Canadian citizenship and he can apply for green card since his priority date is current and once he get green card it doesn't matter from where he is working if the company allows him to work remotely. 

An Employment Based Green Card Application Does Not Grant Immediate Access To Permanent Residency.

TN visa professionals who file employment based green card applications do not generally have immediate access to lawful permanent residence status. The permanent residence process for employment based green cards includes a three-part procedure involving

(1) permanent labor certification (PERM);

(2) the filing of a petition for immigrant worker to the USCIS; and

(3) (a) filing an application to adjust status or (b) obtaining an immigrant visa at a U.S. consulate abroad.

The procedure from the step one PERM process to the step three issuance of a green card can take several years.

A TN visa professional involved in the stages of the green card process usually will not have an immediate access to a green card. Because of the lengthy process a TN professional must undertake in this three-part procedure, he or she cannot possess an immediate intent to immigrate. This is especially true in the first two steps of the process (PERM and the I-140 filing). At these stages the goal of a green card is in the distant future. Even after the PERM process is complete and the I-140 is approved, the whole process can remain at a standstill until an immigrant visa number becomes available. An immigrant visa may not be available for several years due to backlogs. Because of backlogs, the applicant may not have immediate access to a green card and may not be able to obtain permanent residence during the period of stay authorized under TN visa status.

[KHALLAS]

3 minutes ago, tennisluvr said:

TN Visa Status with a Pending Green Card Immigrant Petition

Once you have been admitted to the United States in TN visa status, your circumstances may change so that you become eligible for a green card. Although you can be the beneficiary of a green card petition while in the US in TN status, you should be careful doing this since problems may arise because TN status requires you to maintain nonimmigrant intent. If you have questions about the TN visa and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

Can I apply for a green card while maintaining nonimmigrant intent?

Customs and Border Patrol (CPB) guidance provides that you must have nonimmigrant intent at the time you apply for TN admission into the US, but does allow you to have a future intent to immigrate without abandoning your TN nonimmigrant status, so long as you have nonimmigrant intent when you were admitted. Becoming a green card petition beneficiary is a manifestation of your intent to stay in the US, and at that point you may no longer have nonimmigrant intent. This means that once the green card petition is filed, you can still stay in the US in TN status, but any applications for TN status extension or US readmission in TN status may be denied on the basis that you lack nonimmigrant intent.

Can I establish nonimmigrant intent while my green card is pending?

Legacy Immigration and Naturalization Service (INS) guidance says that if you have an approved I-140 immigrant green card petition, you should not be denied TN admission or extension solely on that basis, if you can still establish that your intended TN stay in the US will be temporary. Therefore, you could technically get TN admission or extension while your green card petition is pending, but it’s not easy. First, you would need to establish that your current TN work objective is totally separate from your future intent to immigrate. Second, you would need to establish that your current TN work assignment has a specific ending date, and that you intend to depart from the U.S. on that date. A good immigration attorney can look at your case and help you gather the appropriate evidence necessary to accomplish this.

Consular processing avoids the immigrant intent problem

If your immigrant visa petition will make a green card available to you before your current TN status expires, you can avoid the immigrant intent problem by selecting consular processing outside the US on Form I-140 rather than adjustment of status in the US. The reason for this is because once you ask for consular processing, this virtually guarantees that you intend to depart the US before becoming a lawful permanent resident.

Should I change status to another visa?

Being the beneficiary of a green card petition should not disturb your current TN visa status. And if you can get your green card status before your TN status expires, then there should not be a problem. However, be careful if your green card petition will be delayed due to a priority date queue, and if your TN status will expire before your green card status is approved. In this situation, you may want to consider changing status to another nonimmigrant work visa such as the H-1B or the L-1, which do not require you to establish nonimmigrant intent. If you would like further information about the TN visa or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.

 

https://www.shihabimmigrationfirm.com/tn-visa-status-with-a-pending-green-card-immigrant-petition.html

This sounds good and Its better to speak with attorney.

[Blessed]

thank you all for your suggestions.

[iPhoneX]

46 minutes ago, Blessed said:

so what you are trying to say is he cannot convert from TN to green card or he cannot use his priority dates on TN?

yes.

 

he has to be on h1 or l1 else   @Selfgoal