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  • Guest's Avatar
    Guest replied
    I think that'll be the best way. Show good work for some period of time, get adjusted and get along well with everyone else and become team players. Try to get involved in project of significant importance. Then start voicing concern on the temporary nature of TN, and how much you really want to stay with the company, etc.
    But don't wait too long and always keep your option open, because some company realize you're practically their slave for the duration of the GC process and will take advantage on that issue. I've heard some horror stories from several indian friends on how some indian company treat their H1-B/GC prospect, while waiting for the GC.

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  • Guest's Avatar
    Guest replied
    ImmiParalegal,

    I got some books and I have done much reading on the process. I know about TN > H1B > GC and the dual-intent with H1B's. I do fall in a TN (B. Eng.) and I am presently working in the US with a TN status. The potential employer is aware of my status and what is required to get a new TN issued to work for them.

    The question is not at a legal level; it is a question on how to ask and convince a potential/present employer to sponsor a green card. What is the best approach and what to lookout for? Should I mention about a future GC before taking the job of not?

    From a legal point of view, I do not intend to apply for permanent residency while I am on a TN status. Thus, I am within the law (my opinion). Should my status change (i.e. H1B) in the future then, at that time, I can decide what options are available and what I intend to do.

    By answering you and the complexity level of this, I think I answer my first question. Keep my mouth shut, get a good offer, work for a while, demonstrate my capabilities and one day mention to them that a TN is temporary and it is not an indefinite status. If they wish to keep me permanently then other avenues will need to be explored. No point in rushing things along, patience is the key.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    First of all, even for a TN your new employer would have to provide a letter on your behalf. A TN is not an authorization to come in the U.S. and work for any employer. You still have to show that your employer in the U.S. needs your services for your job occupation that falls under the NAFTA job classifications. Therefore, you should inform your new employer about this.


    As far as the green card issue is concerned, I'd refer you to someone else, but I do believe that the TN category does not allow "dual intent." This means that you cannot hold TN status and at the same time go through the process to become a permanent resident. If correct, this means that you'd have to change status to an H, for example, in order to qualify and go through the motions.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I am presently working on contract under a TN. A company with a permanent job has approached me. I've sold myself to them by insisting that I could get the work authorization without delay under NAFTA. For obvious reasons, I would like to gain LPR status but I haven't mention anything to this potential employer.

    How should I approach this potential employer with this idea? Should I mention it from the start and ask that they commit to something in writing before I accept an offer. Start work on a new TN visa, show them what I am capable of doing and then ask them to sponsor a green card. Also, I've been told that some employers will let the GC process drag unnecessarily because while the alien is in the process he is less likely to leave his employment. I'm sure there is no absolute right or wrong way, if anyone has faced this situation before and would like to share it with me, I'd be very happy. BTW, I'm employed as a professional (software engineer).

    My present employer, when we negotiated this contract had told me he would help me with a GC. Now that I've been here and he's happy with my services he's not in a hurry to get anything done. He basically told me that he would sign the papers if I paid the layer to do them but he wanted to wait and see. From what I understand, EB-3 GC in NYS, including DOL LC will take anywhere from 2-5 years. So I think he not committed to anything. The potential company has a processing time much shorter.

    Leave a comment:


  • Guest's Avatar
    Guest started a topic EB-3 Green Card

    EB-3 Green Card

    I am presently working on contract under a TN. A company with a permanent job has approached me. I've sold myself to them by insisting that I could get the work authorization without delay under NAFTA. For obvious reasons, I would like to gain LPR status but I haven't mention anything to this potential employer.

    How should I approach this potential employer with this idea? Should I mention it from the start and ask that they commit to something in writing before I accept an offer. Start work on a new TN visa, show them what I am capable of doing and then ask them to sponsor a green card. Also, I've been told that some employers will let the GC process drag unnecessarily because while the alien is in the process he is less likely to leave his employment. I'm sure there is no absolute right or wrong way, if anyone has faced this situation before and would like to share it with me, I'd be very happy. BTW, I'm employed as a professional (software engineer).

    My present employer, when we negotiated this contract had told me he would help me with a GC. Now that I've been here and he's happy with my services he's not in a hurry to get anything done. He basically told me that he would sign the papers if I paid the layer to do them but he wanted to wait and see. From what I understand, EB-3 GC in NYS, including DOL LC will take anywhere from 2-5 years. So I think he not committed to anything. The potential company has a processing time much shorter.
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