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  • TN visa and green card

    can we apply for green card on TN visa?

  • #2
    can we apply for green card on TN visa?

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    • #3
      No, you have to change to H-1B status and after that if your employer wants may apply for I-140 on your behalf.


      www.USImmigrationForAll.com
      Frank G. Becker & Associates
      www.USImmigrationForAll.com

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Forvisas:
        No, you have to change to H-1B status and after that if your employer wants may apply for I-140 on your behalf. </div></BLOCKQUOTE>

        TN-1 (Canadian) & H-1B are both nonimmigrant work visas, hence either one can't be a basis for permanent residency application. Whereas Form I-140 can't be filed stand-alone on alien's behalf without a readily available (or backlogged) immigrant visa. So in this specific case, the TN visa holder should be applied for PERM first (under EB-2 if he qualifies) by his employer before the I-140 can be filed, as I have the impression he is not a skilled/professional alien worker classified under Schedule A Group I (RNs & PTs) to whom PERM is pre-certified due to shortage.

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