Has anyone applied for GC while on TN?

Feb 11, 2018 8 Comments

I know that TN is not dual-intent. However, some websites suggest that it is possible to apply for a GC while working on a TN visa.

http://www.prizant-law.com/tn-visa-professionals-and-applications-for-lawful-permanent-residence-green-cards/

Has anyone tried this? Were you successful or not?

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TOP 8 Comments
  • Apple / Eng Aplcoin
    Itโ€™s very risky. The first year is typically tied up with labor stuff and immigration has no knowledge of that. so theoretically you can start the process 1 or 1.5 years left on your TN, then renew your TN at the start of the I-140 stage.TN is good for three years and your GC should be ready by then. But again, itโ€™s risky and once you start it, and somehow the process takes longer, you are SCREWED.
    I was on TN myself but luckily got my H1B in my first year and got my GC 1.5 years after. So the entire process took less than 3. But you never know....
    Good luck. ๐Ÿ€๐Ÿ‘
    Feb 11, 2018 4
    • OP
      Thanks for your reply. It sounds like this process involves good timing, a lot of luck, and probably a good immigration lawyer as well. Just curious, did you have to switch jobs/employers to get your H1B?
      Feb 12, 2018
    • Apple / Eng Aplcoin
      Definitely a lot of luck is needed :)
      I did all three (TN, H1B and GC) at Apple.
      Feb 12, 2018
    • OP
      That does make things easier!
      Feb 12, 2018
    • Microsoft qwerky
      Don't think the info is accurate here. You are not screwed if the process takes longer. You are screwed if GC is denied or if you file 140 and 485 together and your 140 is denied because as soon as you file 485, you no longer get to keep your current TN visa or obtain any new TNs in the future. When you file 485, you cannot re-enter US with your TN. To get around the TN expiring before receiving GC, you would just file for EAD when filing 485, which is only a 4 month wait.
      Feb 22, 2018
  • Amazon / Eng asdzxc
    Tn needs to go through a transition visa/state, Iโ€™m not 100% sure what but there is something that takes place to qualify the TN which also adds several months to the process
    Feb 11, 2018 1
    • OP
      Apparently the entire process can take 2-3 years or longer. It seems to be risky especially given the current administration.
      Feb 11, 2018
  • Amazon / Product FHI_STi
    I went from TN straight to green card. Got my H1B in my second lottery attempt but didnโ€™t bother to activate it. In total it took 2.5 years and we were advised not to leave the country for the entire last year in case we were denied entry. As mentioned above TN is not dual intent so you can be denied entry if the border control see you have a green card in process while on TN.
    Feb 23, 2018 0

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