5 ms·

You can apply for a Green Card directly from TN status, although timing has been an issue recently.

wk_end 2y ago
Not a lawyer, but isn't that kind of dicey? The TN is non-immigration and temporary - it's not supposed to be used if you have any intention of permanently migrating. I'd worry about it putting your TN status in jeopardy.
- notevenremotely 2y ago
  H1-B is non-immigrant and temporary. L1 is non-immigrant and temporary. Going from TN to an immigrant visa via AOS is only risky in the sense that: - After you've filed your i485 you will no longer be able to get TN status, this applies regardless of your non-immigrant status. - You can't travel abroad between filing the i485 and receiving AP, which could be 6+ months. On the plus side you get a Green Card and don't have to play the H1-B lottery.
  - wk_end 2y ago
    H1-B and L-1 are both dual intent [0]. TN isn't. [0] https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent
    - notevenremotely 2y ago
      True but that doesn't really impact your ability to apply for a Green Card from TN. You have to wait 91 days [0] since your last entry before making an adjustment of status application. [0] https://www.boundless.com/immigration-resources/90-day-rule-explained/ https://www.boundless.com/immigration-resources/90-day-rule-...
    - returningfory2 2y ago
      Every year thousands of people in statuses like F-1, O-1 and TN get employment based green cards. The idea that you have to be in H-1B or L-1 status to get an employment GC is simply 100% false.
    - 3vidence 2y ago
      +1 idk why I people keep saying that TN and H1B are the same. They are fundamentally different visas
      - notevenremotely 2y ago
        Nobody is saying that. They are in the same category of non-immigrant visas.
        3vidence 2y ago
        They are categorically not, see the above comment on dual intent. You can get a TN visa cancelled for expressing desire to stay permanently
        notevenremotely 2y ago
        > They are categorically not, see the above comment on dual intent. They are. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html https://travel.state.gov/content/travel/en/us-visas/visa-inf... > You can get a TN visa cancelled for expressing desire to stay permanently That is not true provided you follow the 90 day rule.
        3vidence 2y ago
        In the conversation of moving to the US for work 90% of visas are going to be non immigrant so saying all non immigrant visas are equivalent is needlessly obtuse. An H1b allows the person to enter the country with the intention of getting a GC and can do so without having to leave the country. A TN visa is re issued every single time you cross the border and can be denied by a border guard on any amount of misrepresentation Secondly, your advice about the 90 day rule without context is both bad advice and can get someone's visa cancelled and stuck out of the country. For future readers. Don't take this advice, ask a lawyer and if you intend to get a GC don't go on a TN unless you want legal complexity.

Not a lawyer, but isn't that kind of dicey? The TN is non-immigration and temporary - it's not supposed to be used if you have any intention of permanently migrating. I'd worry about it putting your TN status in jeopardy.

notevenremotely 2y ago
H1-B is non-immigrant and temporary. L1 is non-immigrant and temporary. Going from TN to an immigrant visa via AOS is only risky in the sense that: - After you've filed your i485 you will no longer be able to get TN status, this applies regardless of your non-immigrant status. - You can't travel abroad between filing the i485 and receiving AP, which could be 6+ months. On the plus side you get a Green Card and don't have to play the H1-B lottery.
- wk_end 2y ago
  H1-B and L-1 are both dual intent [0]. TN isn't. [0] https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent
  - notevenremotely 2y ago
    True but that doesn't really impact your ability to apply for a Green Card from TN. You have to wait 91 days [0] since your last entry before making an adjustment of status application. [0] https://www.boundless.com/immigration-resources/90-day-rule-explained/ https://www.boundless.com/immigration-resources/90-day-rule-...
  - returningfory2 2y ago
    Every year thousands of people in statuses like F-1, O-1 and TN get employment based green cards. The idea that you have to be in H-1B or L-1 status to get an employment GC is simply 100% false.
  - 3vidence 2y ago
    +1 idk why I people keep saying that TN and H1B are the same. They are fundamentally different visas
    - notevenremotely 2y ago
      Nobody is saying that. They are in the same category of non-immigrant visas.
      - 3vidence 2y ago
        They are categorically not, see the above comment on dual intent. You can get a TN visa cancelled for expressing desire to stay permanently
        notevenremotely 2y ago
        > They are categorically not, see the above comment on dual intent. They are. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html https://travel.state.gov/content/travel/en/us-visas/visa-inf... > You can get a TN visa cancelled for expressing desire to stay permanently That is not true provided you follow the 90 day rule.
        3vidence 2y ago
        In the conversation of moving to the US for work 90% of visas are going to be non immigrant so saying all non immigrant visas are equivalent is needlessly obtuse. An H1b allows the person to enter the country with the intention of getting a GC and can do so without having to leave the country. A TN visa is re issued every single time you cross the border and can be denied by a border guard on any amount of misrepresentation Secondly, your advice about the 90 day rule without context is both bad advice and can get someone's visa cancelled and stuck out of the country. For future readers. Don't take this advice, ask a lawyer and if you intend to get a GC don't go on a TN unless you want legal complexity.