moving from canadian office down to US office same company

bizybee
New Member



Joined: 16 Mar 2008
Posts: 9
Location: Vancouver, BC

Posted: Wed Jul 09, 2008 8:50 pm

 

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another question, what is the process for applying for PR if you have a L-1? (specialized knowledge version, not management)

can i apply right after i get there? what's the procedure? how long does it take to get the PR status? does PR mean green card?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Thu Jul 10, 2008 10:30 am

 

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The company employing you has to apply on Form I-140, it usually requires labour certification: http://www.dol.gov/dol/topic/hiring/foreign.htm which basically is proof they can't find anyone else locally who is a US citizen or LPR to do the job.

You will probably fall into preference group EB-3 skilled worker, which takes about 3.5 years before your visa number comes up, so obviously the sooner they apply the better because doing the labour certification takes awhile and L-1B only lasts for five years.

You might be able to squeeze into EB-2 if your job requires a master's or doctorate and you have one (or you have some other quirky requirement in your job that is pretty tough to get). That's quicker.

PR status means green card, although they're currently an off-beige sort of colour!

Beware of the tax issues: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html
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Steve.

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bizybee
New Member



Joined: 16 Mar 2008
Posts: 9
Location: Vancouver, BC

Posted: Thu Jul 10, 2008 7:11 pm

 

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thanks Steven. yea i've already bought the border guide book so i know about the joys of cross border tax issues

so if i go with the EB-3 category, then do i have to stay with the same company for the 3.5 years until i get the PR status or can i switch companies or even switch statuses to TN-1 for example while i'm waiting for the PR?

also, is the process to PR from TN-1 (instead of from LB-1) pretty much the same? 3.5 year wait? longer? i guess it's probably more difficult to petition for PR when the TN demands the intention of temporary stay.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Fri Jul 11, 2008 4:43 am

 

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TN is not a dual intent visa, you can't technically adjust status to permanent resident from a TN.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Fri Jul 11, 2008 3:51 pm

 

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Yes, because they're sponsoring you. And like I said, in reality it says 3.5 years in the visa bulletin but with the certification and the I-485 application on top of it to adjust status, it will take longer than that.

TN-1 to LPR is pretty complex because it's not dual-intent, to get TN-1 you must have "bona fide non-immigrant intent" which means you plan on leaving.

The general gist I get is that the only way to do it is to get your employer to apply to sponsor you and you use consular processing from Canada. Then you enter on TN-1, wait until your number comes up and then do the interview at the US embassy.

What no-one on here has been able to establish is at what point USCIS becomes aware you have an immigrant petition pending, because obviously if they find out then you're not likely to get TN-1 status.
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Steve.

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