TN to Green Card

Sorry, I know there is lots of information on this topic on the message board, but I need to ask once more. I have gotten a job which will start next August, and my employer is willing to offer either a TN or H1B. They claim that I have to get an H1B before I can get move to a Green Card. However, a friend of mine in an identical profession is currently going from TN directly to Green Card without any problems - he will be doing the final interview in Montreal in a couple weeks. Although I am sure I can do this (and it seems most respondents on this forum agree), the HR department wants me to provide specific regulations demonstrating this is legal. Can anyone out there who is more familiar with immigration law than I am help me out?

You need to clarify how he's going to LPR status - did his employer sponsor him for it?

Is it possible to do it from TN-1 but it's a bit more tricky, ask Mr TNVisaExpert who is on here.

His employer sponsored him through steps 1 and 2, then he had to go through step three himself. Since he is an academic, he qualifies for the EB2 stream which makes the process pretty short (I think it took him just over a year to get to the interview stage). HR has told me I will get similar treatment; they cover the first two steps, then I have to take care of the third.

Essentially how people usually do it on TN-1 if the employer is filing the I-140 is they put down a Canadian address on the I-140 and use consular processing. Then you just leave at interview time, get the immigrant visa and re-enter. This solves the lack of a "dual-status" provision.

The other method is not to get the employer to sponsor you, i.e. you're in EB-1 and don't need labour certification and you file the I-140 yourself and use a Canadian address or alternatively it's not employment-based immigration, e.g. someone files an I-130 for you or you can apply for family-based AOS.

Like I said, PM TNVisaExpert as he does this sort of thing for a living.

Essentially how people usually do it on TN-1 if the employer is filing the I-140 is they put down a Canadian address on the I-140 and use consular processing. Then you just leave at interview time, get the immigrant visa and re-enter. This solves the lack of a "dual-status" provision.

The other method is not to get the employer to sponsor you, i.e. you're in EB-1 and don't need labour certification and you file the I-140 yourself and use a Canadian address or alternatively it's not employment-based immigration, e.g. someone files an I-130 for you or you can apply for family-based AOS.

Like I said, PM TNVisaExpert as he does this sort of thing for a living.

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The big question is whether one can use the consular process if the date is not yet current e.g. some Asian friends seem to be of the opinion that their country of birth being China makes this option difficult as well...Steven any knowledge ?

If the date is not yet current you can still enter in a non-immigrant category, so getting your TN-1 re-granted should not be a bigger problem than it normally is. In some categories, e.g. fourth preference it can take ten years to get a visa number so it has to work this way.

The US does look at your original citizenship as being the relevant one for many immigration purposes, not sure whether that's relevant to this situation though.

I'm very interested in this thread as well and I am new to this. I am currently on a TN-1 which is up for renewal in November 2009. I would like to apply directly for a green card and I have been thinking of approaching my employer about filing. I recently completed my Masters' degree in Electrical and Computer Engineering.

My fiancee (we'll be getting married in another 2 months) is a Canadian citizen who currently resides in Canada. I would like her to be able to join me in the US shortly and work if possible.

What is the best way to go about this and what can I expect? Will I need to get another TN while this process is going on so that I can keep working? Any help is much appreciated.

You would most definitely need another TN if you intend to stay in the US. Employer sponsored green cards can take several Years to complete.

I think your question is answered above in the thread, TN-1 is not dual status, which means you cannot have immigrant intent on it plus to get it you have to convince CBP your stay will be "temporary". There are ways around it which are mentioned above.

For your spouse to work she would need to get some sort of category independently of yours, e.g. TN-1.

Thanks guys,

The TN is where I have the dilemma; I already have one but it is due to expire in about 5 months. I don't want to get another one if it will affect the status of my PR application since it is not considered dual status.