Work VisaMar 28, 2023
NVIDIAJensBezos

Applying for green card on a non-immigrant visa

I'm on TN visa and failed twice at the H1B lottery, so I can't plan to settle in the US. Is it advisable to apply for a green card on a visa with a non-immigrant intent? I qualify for EB2 pretty comfortably. #workvisa #h1b #greencard #eb1 Blind tax: 385k

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mCNY77 Mar 28, 2023

Get an attorney bro what are you doing

Tesla MrTesla77 Mar 28, 2023

Yes you can, but need an attorney. Aside of mine, I've heard of multiple cases that moved from TN to GC. But all these cases have been filled by fragomen lawfirm, I am not sure if this is just a "coincidence". You can try to reach them

McMaster-Carr avengersa Mar 28, 2023

Yes you can but you have to be sure you’ll get your green card before your tn expires. Because otherwise when you try to renew they’ll see your outstanding green card application and claim you’re violating non immigrant clause. General advice is to apply right when your tn gets renewed with a competent lawyer if and only if you were born in a country with no green card backlog. Don’t even consider this if you were born in India, China, Mexico. If you were born in Canada then you should be fine.

NVIDIA JensBezos OP Mar 28, 2023

Thanks for your feedback guys! Fortunately, my company also uses Fragomen. My TN needs to be renewed by July next year, I guess the EB2 processing with it's PERM application won't be completed by then. So, I guess I need to wait until I renew the TN visa.