TN visa renewal questions

Spotify lalalalale
Oct 19, 2018 13 Comments

Seems like a good news that TN will stay untouched after recent NAFTA renegotiation. so here's the question - AFAIK, theoretically TN visa can be renewed indefinitely if you didnt do anything wrong and unless you are willing to live in the US forever(=dunno how to prove this...anyways). Is this really the case? I have been working in the US under TN for 4 yrs. I applied for it once at airport then renewed it in the 3rd yr when switching a job. Is it not that hard for someone with software engineering bachelors degree to get his TN renewed a few more times in the future(meaning working in the US for 5+ yrs)? I will apply for H1B meanwhile tho.

If you know someone who worked in the US under TN for a very long period of time, how many times did that person renew the visa without any big issue?

Also I know someone under TN who directly applied for green card and got it after 2 yr or so. during that 2 yrs he didnt leave the states. How does this work since you are not supposed to apply for GC when under TN. Really curious..

Thanks

comments

Want to comment? LOG IN or SIGN UP
TOP 13 Comments
  • Facebook / Eng instandidl
    It’s a misconception that you can’t apply for a green card on TN.

    You can’t get a TN if you’ve declared immigration intent (which applying for a green card would do). If you already have a TN and don’t need a new one (renewal, new job) then you’re fine.
    Oct 19, 2018 6
    • Microsoft SOkn03
      That's what EAD/AP is for.
      Oct 21, 2018
    • Facebook yekdks
      How long does it usually take to get EAD from the beginning if you're not in a backlogged country?
      Oct 21, 2018
    • Microsoft SOkn03
      From perm to receiving EAD/AP was 1.5 years for me
      Oct 21, 2018
    • Cisco kichha
      I know a person who stayed in US for 15+ years with no issues.. this is my 8th year so far so good...
      Dec 15, 2018
    • Cisco kichha
      Also regarding GC .. you are fine until you file your 485.. having I140 doesn’t mean you have intent but your employer wants to get GC for you so you can still get your TN renewed.. but once you file 485 then you stay in US until you get GC or move to H1
      Dec 15, 2018
  • New cpdmn
    I went from TN to GC direct. The actual period of time to avoid travel is closer to 9 months than 2 years. Do not file your i140/i485 within 90 days of entering the country (any entry, including simple re-entry), and then do not leave until you get your i765/i131 combo card (processing time may be up to 6 months, and has been trending up).

    All steps before i140/i485 may be filed while on TN and do not limit travel (PWD and PERM Certification)
    Oct 19, 2018 0
  • Spotify lalalalale
    OP
    I renewed my TN 1.5 yrs ago. Would it be too late to apply for GC? :/
    Oct 19, 2018 2
    • Amazon gx5DD
      I assume you mean renewed TN. If you have over a year left you should be ok. About 9 months in or so you will get an EAD/AP card at which point you no longer need the TN to work.
      Oct 19, 2018
    • Facebook yekdks
      9 months from first applying for the GC? I heard even getting the I-140 approved can take a long time in some cases
      Oct 19, 2018
  • Amazon gx5DD
    Be aware of the risk this involves. If you do leave the country after i485 but before you get the EAD/AP you are pretty much screwed. Can't get back in on the TN and GC will get denied unless you find a way to get back in...

    So just don't leave during that time right? But sometimes that's easier said than done.

    When we were in that travel restricted time my wife's mom got into a car accident and was hospitalized for a few weeks. It was pretty serious. How hard do you think it was for my wife not to go to see her mom in the hospital? It was one of the hardest things ever.

    Fortunately her mom recovered but I am not sure I would go direct to GC if I had to do it over again. Sometimes life throws you a real curve ball.
    Oct 19, 2018 1
    • New cpdmn
      Very good point. Even with an emergency AP you'd have some trouble. Could get out of the country and not abandon the i485, but will be stuck waiting for the EAD to be allowed back in and able to work.

      Glad everyone was alright in the end and you still managed to get GC.
      Oct 22, 2018