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
I renewed my TN 1.5 yrs ago. Would it be too late to apply for GC? :/
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.
9 months from first applying for the GC? I heard even getting the I-140 approved can take a long time in some cases
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)
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.
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.
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.
Wouldn't you be screwed if the GC takes longer than 2.5 years to process and you need to renew the TN? (Or if you get fired)
That's what EAD/AP is for.