applying for EB-3 while On TN with different compnay

Hello All, I am Canadian citzen on TN visa (1st year) in Seattle,WA area with company ABC. Another company XYZ in other state (California) wants to sponsor me for GC under Employment based app...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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jack2009
Junior Member

Joined: 02 Jun 2008
Posts: 10
Location: seattle

Posted: Wed Jun 11, 2008 6:36 pm

Hello All,

I am Canadian citzen on TN visa (1st year) in Seattle,WA area with company ABC.
Another company XYZ in other state (California) wants to sponsor me for GC under
Employment based application through counsellor processing or AOS.
1st Question.
1) Can the other company XYZ can apply for me under EB-3 classification while I'm working with company ABC on TN-visa(status)
2. Would I have any troubles applying TN-extension when XYZ company is applying EB3 for me.

Thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Wed Jun 11, 2008 7:55 pm

Chris posted a link to some complicated instructions he wrote on how to do it, have a search on this forum, it's here somewhere. I got the impression you basically apply from outside the US and hope the info doesn't get from the embassy to USCIS so it comes up on the computer screen when you re-enter in TN-1 with your I-94, but I may be oversimplifying a bit!

You can enter on TN-1 status while you have a petition pending, it might involve an interesting conversation with the USCIS, but the reality is that EB-3 petitions take nearly four years for approval, so realistically, people may want to enter temporarily to work while the petition is pending.

I think the problem is if you're already in the US on TN-1 and then someone sponsors you for EB-3, that's where the "apply from outside the US" bit comes in, but try and find Chris' instructions.
_________________
Steve.

jack2009
Junior Member

Joined: 02 Jun 2008
Posts: 10
Location: seattle

Posted: Wed Jun 11, 2008 8:38 pm

Steven wrote: Chris posted a link to some complicated instructions he wrote on how to do it, have a search on this forum, it's here somewhere. I got the impression you basically apply from outside the US and hope the info doesn't get from the embassy to USCIS so it comes up on the computer screen when you re-enter in TN-1 with your I-94, but I may be oversimplifying a bit!

You can enter on TN-1 status while you have a petition pending, it might involve an interesting conversation with the USCIS, but the reality is that EB-3 petitions take nearly four years for approval, so realistically, people may want to enter temporarily to work while the petition is pending.

I think the problem is if you're already in the US on TN-1 and then someone sponsors you for EB-3, that's where the "apply from outside the US" bit comes in, but try and find Chris' instructions.

Bascially that's what the story. I just don't wanna my TN Jepordize while MY EB3 is pending for 4-5 years.
If I chose "Adjust of status" instead of Counsellor processing, can I still keep working for different compnay than the company that filed EB3 Petition for me until I get GC.?

thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Thu Jun 12, 2008 9:13 am

You can't adjust status because you're not in status. TN-1 is not dual-intent, so you can't adjust status from it. Doesn't matter how you got it. But you can work for any company in the US on a TN-1 while a petition is pending.

Like I said, ask Chris: www.naftalawfirm.com - he posted a link somewhere on here.
_________________
Steve.

jack2009
Junior Member

Joined: 02 Jun 2008
Posts: 10
Location: seattle

Posted: Thu Jun 12, 2008 7:16 pm

Steven wrote: You can't adjust status because you're not in status. TN-1 is not dual-intent, so you can't adjust status from it. Doesn't matter how you got it. But you can work for any company in the US on a TN-1 while a petition is pending.

Can't I use the TN to GC thingy (filing I-140, EAD, AP)?

I want to keep working for company ABC while using Company xyz to adjust status(filing I-140, EAD, and AP).
Once I get the GC then i can move to other state and start working for company XYZ.

This way, i won't get into touble of dual Intent while being on TN.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Fri Jun 13, 2008 9:37 am

The new company can file an I-140, but they can't apply for adjustment of status using it, you'd have to use consular processing because TN-1 is not dual-intent.

So basically you leave the US, file the paperwork with the embassy, re-enter on your current TN-1 and wait for your number to come up. And hope USCIS don't find out about it in the meantime and deny your entry next time you renew in TN-1. They can let you into the US in those circumstances and there are valid reasons, the main one being the time it takes for your petition to be approved. Given that you're working for a different company too that does support the contention that the two applications are unrelated.
_________________
Steve.