Canadian born outside Canada want to apply for EB2/EB3 green card

[TungTran 0]

Hi,

I'm new member of this forum, any suggestion for my problem is appreciated.

I went through the forum but i don't see the topics similar to my situation, so please give me some informations.

 

First of all, I'm Canadian, was born in Vietnam. I finish my master degree in Montreal, Canada in 2011 and got Canadian citizenship in 2014. I have 7 years work experience as software developper in Montreal. Now, i want to move all of my familly to California because of the wheather. I'm interviewing with some companies in California, the company will support me to apply for work visa. As my research, i'm qualified to apply Green Card under EB2 cathegory.

 

Here are my questions:

-1/ if the USA company support me to apply for EB2 green card before i come to work in USA, how long is the processing time? Do you know any body who has the same situation as mine (Canadian born outside Canada apply green Card under work cathegory)? i want to know the real case to estimate the processing time for myself because my wife doesn't have Canadian citizenship yet, so this processing time is important for me to take decision when i got the job offer.

 

/2 if i come to USA to work under TN visa, then the company support me to apply for Green card when i'm working in USA, how long is the processing time? in this case, is it faster than i apply for green card from Canada? Please let me know if you know any similar situation?

 

Thanh you for taking time to answer my questions.

Tran

Edited April 28, 2018 by TungTran

[arken 4,197]

Your country of basis will be Vietnam, Canadian citizenship will have no impact on EB processing. 

For EB2 consular processing for Vietnam, the time estimate is around 11-15months from start to getting the immigrant visa with no PERM audit and RFEs.

 

EB2 processing from within US could in fact be longer, now that they are talking about interviews for EB GC.

 

 

 

 

[NikLR 13,227]

TN Visa is a non-immigrant Visa.  You cannot purposefully enter to use it to get a green card. 

~~moved to work visas from adjustment of status~~

[TungTran 0]

hi Arken,

Thanks for your reply.

could you clarify the EB2 processing time 11-15 months, how do you got this information? do you know a real case similar to mine or information from US consular website?

Tran

[TungTran 0]

Hi NickLR,

Thanks for your reply. i'm not clear about your answer. Do you mean i can't apply for EB2 green card when i'm staying in US under TN visa?

[arken 4,197]

34 minutes ago, TungTran said:

hi Arken,

Thanks for your reply.

could you clarify the EB2 processing time 11-15 months, how do you got this information? do you know a real case similar to mine or information from US consular website?

Tran

Prevailing Wage Determination: 1-2 months

Recruitment Process: min 2 months

PERM: 4-8 months

I-140: 2 weeks if premium processing

4-6 months under regular processing

NVC & Interview: 2-4 months

 

Regarding TN visa, if an employer sponsors you for GC while working with TN visa, you can definitely go ahead with GC processing but, as TN is not a dual intent visa, any further travel on TN visa or TN extension or application may be denied.

Edited April 29, 2018 by arken

[NikLR 13,227]

2 hours ago, TungTran said:

Hi NickLR,

Thanks for your reply. i'm not clear about your answer. Do you mean i can't apply for EB2 green card when i'm staying in US under TN visa?

I mean once you are in the USA you can adjust your status if your circumstances change.  You cannot intentionally use the TN status to enter the USA to adjust status.  That is visa fraud.  Just as it would be fraudulent to enter the USA on a tourist or student visa to intentionally adjust status.  The TN visa is not dual intent. 

[TungTran 0]

6 hours ago, NikLR said:

I mean once you are in the USA you can adjust your status if your circumstances change.  You cannot intentionally use the TN status to enter the USA to adjust status.  That is visa fraud.  Just as it would be fraudulent to enter the USA on a tourist or student visa to intentionally adjust status.  The TN visa is not dual intent. 

Hi NikLR,

So can you explain for me two more things:

1/Related to the circumstances change, in my case, if i don't marry American person, what could it be that event to be able to apply the EB2 when i'm in the US under TN visa?

 

2/ In my case, if i apply the EB2 from Canada, the process could take serveral months, can i apply any other temperary visa to work in US during that processing time?

 

Thank you,

Tran

[TungTran 0]

8 hours ago, arken said:

Prevailing Wage Determination: 1-2 months

Recruitment Process: min 2 months

PERM: 4-8 months

I-140: 2 weeks if premium processing

4-6 months under regular processing

NVC & Interview: 2-4 months

 

Regarding TN visa, if an employer sponsors you for GC while working with TN visa, you can definitely go ahead with GC processing but, as TN is not a dual intent visa, any further travel on TN visa or TN extension or application may be denied.

Thanks Arken,

I'm a little bit confused, so mention that i rather apply EB2 from Canada than come to work under TN status if i want to get Green Card in the future? 

 

 

[NikLR 13,227]

1 hour ago, TungTran said:

Hi NikLR,

So can you explain for me two more things:

1/Related to the circumstances change, in my case, if i don't marry American person, what could it be that event to be able to apply the EB2 when i'm in the US under TN visa?

 

2/ In my case, if i apply the EB2 from Canada, the process could take serveral months, can i apply any other temperary visa to work in US during that processing time?

 

Thank you,

Tran

1) Yes you just can't enter with the intent of using the TN visa to adjust your status.

2) You can but it will be denied due to immigrant intent. 

[randomstairs 303]

Why don't you do consular processing in Canada (for the immigrant visa)? Also, if you're sponsored for EB2, it should be easy to get the H1B from the same sponsor (depending on your time horizon). H1B is a dual intent visa so you can use it freely to travel back and forth while your EB2 (and I-485 if you file concurrently) is being processed. 

[TungTran 0]

7 hours ago, randomstairs said:

Why don't you do consular processing in Canada (for the immigrant visa)? Also, if you're sponsored for EB2, it should be easy to get the H1B from the same sponsor (depending on your time horizon). H1B is a dual intent visa so you can use it freely to travel back and forth while your EB2 (and I-485 if you file concurrently) is being processed. 

Hi Randomstairs,

Thank's for your input, i don't want to apply for  immigrant visa from Canada because the processing time could take long. I think i can start with the H1B first then apply EB2 later.

 

[randomstairs 303]

1 hour ago, TungTran said:

Hi Randomstairs,

Thank's for your input, i don't want to apply for  immigrant visa from Canada because the processing time could take long. I think i can start with the H1B first then apply EB2 later.

 

Okay, that is how it's usually done. You should start the EB2 process soon after arriving on H1B because it does take a long time (PERM and then I-140). Once your I-140 is approved you can extend H1Bs for as long as you work there. 

[NikLR 13,227]

H1B isnt an easy visa to get with the caps on it. 

[arken 4,197]

If you plan to start with H1B: 

This year’s H1B is gone, so next application is in April 2019 with which you can start the job starting October 2019, that too if you get selected in the lottery and then approved. So your earliest work start date is Oct 2019 thru H1B. Then add typ EB2 processing time of more than 1 year from that time.