Work VisaFeb 24, 2018
LyftJogan

Applying for Greencard with TN Visa

Hi, I’ve heard and read threads about people applying for green cards while under a TN visa. I was wondering, as a Canadian citizen who is born in China, if it is worth applying for a green card, or if I should just stay on TN visa indefinitely. I went to look at the visa bulletin board and am kind of confused between final action dates and the normal dates that appear in the visa bulletin table. Has anyone been in a similar position?

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Google Yyyygggggg Feb 24, 2018

You can’t. It’s s temp visa. Get an h1b and then transition to green card ASAP

Lyft Jogan OP Feb 24, 2018

But isn’t H1B lottery based and very hard to get?

Google Yyyygggggg Feb 24, 2018

Yes.

Microsoft MP3 Feb 24, 2018

Green card is based on your birth country (China), not your citizenship. You can apply for GC as a TN holder with an adjustment of status, since TN is a non-immigrant visa. Then you get a work permit for 1 year that will need to be extended every year while you wait for your GC in the queue. You can theoretically extend your work permit indefinitely, one year at a time. I believe it makes sense to apply for H1B as it makes it easier to switch jobs without having to get a new TN visa, and I believe it has an option to allow your spouse to work (which may not matter if you’re single). You may want to compare TN with H1B and see if it makes sense for you. Might be easier to marry a GC holder or a US citizen 😏

Google Yyyygggggg Feb 24, 2018

one of the rules(as I recall) of a TN is that you have to prove you don’t have residency intent

Microsoft MP3 Feb 24, 2018

Yep, that’s exactly why you apply for a change of status (so you can have immigration intent) to get that work permit.

Amazon Obujuana Feb 24, 2018

TN can be renewed indefinitely. Just do the lottery every year until you get it.

Amazon 4 5 Feb 24, 2018

Except that they wont let you extend TN if they find out you applied for I140...

Amazon Obujuana Feb 24, 2018

I140 is not relevant to H1B right? OP just needs to do work while applying H1B until he/she gets it eventually.