TN to Green Card? - need advice on strategy!

[MarketingGuru 0]

Hi,

My wife and I are Canadians, my wife has been in the US for 12 years and I have been a resident for 8 years, we have always been under legal status under different visas throughout the years. We have been married for 8 years and don't have any children. On our recent trip to Canada this Dec 2010, we renewed our TN visas for 3 years at a port of entry. I am a Management Consultant working for a large marketing agency with many years experience and my wife is a Professor at a university, she is a doctor with highly specialized skills and certifications, she is involved with research and the university is proud to have her on board and finds her as an asset, they will basically do anything to keep her there.

We are ready to apply for permanent residency green cards and I would like to find the best strategy and cost effective way to do this. I did NOT find a topic in this forum for TN to GC when both husband and wife are Canadian. The forum topics that I did find was for Canadians on TN status marrying a US Citizen, which is not my case.

I have used up my 6 years of H1B status from a past employer that was acquired in May 2009 by the company I currently work for so this is why I switched to a TN. In my opinion, because of my wife's education, experience and position, it makes more sense for her to apply for permanent residency GC with her employer and I think the processing time will be much faster for her. Also I remember reading something about a waiver that she might qualify for because of her specialties and profession?

So my question is what should we do? Do we have a chance to get a GC applying under TN status? However we need to travel to Canada to see our families at least 2-3 times. Or does my wife need to switch to an H1B first, then we apply for GC? She has already been under H1B status 2 years ago for another employer and used up 2 years of it until she switched employers.

Our immigration attorneys charge $5K for H1B and $8-$10K for GC.

Thanks,

MG

[zooch76 9]

Here's an article I had bookmarked from a while back about the same topic:

http://forums.immigration.com/showthread.php?152852-I-am-no-longer-Curious!!!-I-am-APPPPPRRRROOOOOVEEEDD!!!!!!!&p=984692#post984692

It doesn't seem easy but it does seem doable. My goal was the TN-to-GC route, before I met my wife. The above story is a few years old but perhaps you can use it as a starting point.....

Good luck!

[metals95 1]

There are really only 4 general ways to get a greencard. Family, Diversity lottery, Employment or Refugee.

For Canadians, born in Canada, Rufugee and diversity are pretty much out. If by chance one of you was born in another country you may qualify for diversity. Family is out for you two unless you have other US family. That only leaves employment.

In general AOS from TN can be done whther by family or employment It is a bit risky but people do it. You have to find a category of visa, generally:

EB1 is for exceptional aliens (Phd's, MD's pro atheletes etc.)

EB2 Masters degrees in certain fields

EB3 Bachelors degrees in certain fields

If one of you has a degree/job in above field you need employer support and $$ (about 6000 when I checked in 2005). It takes time and money and employer support since the employer files on your behalf, most professions cannot self petition.

This is a family based site. Look around at some of the many many employment based websites. What you are looking to do is not easy on your own you most likely need employer support.