4 ms·

You can't. I'm guessing he started off as TN then moved to H1B then to GC.

s2g 8y ago
You can, but it's risky. There is nothing preventing the company from filing everything and you go through the normal process. The catch is, if you have to leave then a green card application can be reason to deny you entry. As you have shown dual intent. I switched to h-1b, seemed easier. Still can't travel because AP applications take forever now. I'm waiting on the oh so useful interview to be scheduled for my green card now. Used to be they could waive the requirement but now it's absolutely required. annoying having to wait just so I can do it and confirm that I didn't lie all over my forms or whatever.
jackwu95 8y ago
You definitely can. Once you start the GC process you can't get a TN renewal anymore due to intent, but as long as you get your GC before 3 years is up then you're ok. Even if it takes longer than 3 years you can just not leave the US until you get the GC.
- stealthefocus 8y ago
  This is bad advice, the moment you apply for a green card you're non-compliant with dual intent of your current TN status.
  - diebeforei485 8y ago
    Intent only matters at the time of applying to admission into the country, and at the time of applying for a visa. You're not required to have continued nonimmigrant intent while here. The legal explanation for TN visas is the following: An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. Repeated renewal of a TN visa that leads to extended stay in the United States, may still be temporary, as long as there is no immediate intent to immigrate. (9 FAM 402.17-7) TL;DR what matters is present intent at the time of application and every time you enter the US. It is not illegal if your intent changes after being here for a while.
    - stealthefocus 8y ago
      I don't believe you're reading that correctly. First of all the manual you reference is not the law, its the guidelines for an officer looking at you at the POE. An intent to immigrate in the future that is in no way connected to the proposed immediate trip. How I think a reasonable officer would read this: If you are coming in for TN and they ask you about you intent if you say after the next 3 years I am planning on moving back to Canada but in 10 years I want to try to immigrate, that shouldn't disqualify you for the immediate trip. The trip is the duration of your current stay, not just the entry.
- s2g 8y ago
  > Even if it takes longer than 3 years you can just not leave the US until you get the GC. uh, unless you get AP/EAD then aren't you in violation and isn't that reason enough to reject your green card (hell, isn't it reason enough to arrest you and start deportation proceedings?)

s2g 8y ago

You can, but it's risky. There is nothing preventing the company from filing everything and you go through the normal process. The catch is, if you have to leave then a green card application can be reason to deny you entry. As you have shown dual intent. I switched to h-1b, seemed easier. Still can't travel because AP applications take forever now. I'm waiting on the oh so useful interview to be scheduled for my green card now. Used to be they could waive the requirement but now it's absolutely required. annoying having to wait just so I can do it and confirm that I didn't lie all over my forms or whatever.

jackwu95 8y ago

You definitely can. Once you start the GC process you can't get a TN renewal anymore due to intent, but as long as you get your GC before 3 years is up then you're ok. Even if it takes longer than 3 years you can just not leave the US until you get the GC.

stealthefocus 8y ago
This is bad advice, the moment you apply for a green card you're non-compliant with dual intent of your current TN status.
- diebeforei485 8y ago
  Intent only matters at the time of applying to admission into the country, and at the time of applying for a visa. You're not required to have continued nonimmigrant intent while here. The legal explanation for TN visas is the following: An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. Repeated renewal of a TN visa that leads to extended stay in the United States, may still be temporary, as long as there is no immediate intent to immigrate. (9 FAM 402.17-7) TL;DR what matters is present intent at the time of application and every time you enter the US. It is not illegal if your intent changes after being here for a while.
  - stealthefocus 8y ago
    I don't believe you're reading that correctly. First of all the manual you reference is not the law, its the guidelines for an officer looking at you at the POE. An intent to immigrate in the future that is in no way connected to the proposed immediate trip. How I think a reasonable officer would read this: If you are coming in for TN and they ask you about you intent if you say after the next 3 years I am planning on moving back to Canada but in 10 years I want to try to immigrate, that shouldn't disqualify you for the immediate trip. The trip is the duration of your current stay, not just the entry.
s2g 8y ago
> Even if it takes longer than 3 years you can just not leave the US until you get the GC. uh, unless you get AP/EAD then aren't you in violation and isn't that reason enough to reject your green card (hell, isn't it reason enough to arrest you and start deportation proceedings?)