Received a job offer but still waiting for visa interview - EB 2 NIW

[asiv_visa 0]

Hi all,

 

Really would appreciate some advice.

 

I am a Canadian citizen living in Canada. My I-140 (EB-2 NIW category) has been approved with PD Nov 2023 and DQ May 2024. Waiting for interview letter from Montreal.

 

I received a healthcare job offer in the US with a start date in August 2025. The job did not offer any visa sponsorship but they might be willing to offer H-1B sponsorship. However I am not sure they are willing to do this and put up with the costs.

 

Other than H-1B sponsorship, what are my options to be authorized to work by August 2025? I am not sure that my green card will be approved by then but really would like to take this job opportunity.

 

Thanks

[Boiler 45,715]

TN

[asiv_visa 0]

27 minutes ago, Boiler said:

TN

 

Is this allowed if I have a pending green card application? I read with the TN you have to show intent to return back to Canada, and if I have a pending ds-260 application that intent would be questionable?

[Boiler 45,715]

TN can be renewed as long as you are working people have been here for decades

 

It is a non immigrant that is true 

 

Does not seem to be an issue

[asiv_visa 0]

I'm not worried about the TN being renewed, I'm instead worried about my GC not being approved if I am on a TN.

[Boiler 45,715]

Why?

[asiv_visa 0]

Because a TN visa is not a "dual intent" visa... so I worry that by applying for PR in parallel I am somehow breaking this dual intent.

[mam521 2,106]

On 12/13/2024 at 7:24 PM, asiv_visa said:

Because a TN visa is not a "dual intent" visa... so I worry that by applying for PR in parallel I am somehow breaking this dual intent.

You haven't filed to adjust status from the TN.  The EB-2 is an entirely different processing path.  And besides - you have to return to Canada to complete consular processing.  It's a non-issue. 

[appleblossom 2,780]

On 12/13/2024 at 4:06 PM, asiv_visa said:

My I-140 (EB-2 NIW category) has been approved with PD Nov 2023 and DQ May 2024. Waiting for interview letter from Montreal.

 

You're aware that your PD isn't current? So you're not even in line for an IL yet as there is no visa available to you. 

 

A temp employment visa is your only option for August 2025, I can't see you having your EB2 by then, but any of them are going to involve the employer spending some money. Might be time to ask them for a chat with their immigration lawyer to discuss the options?

[asiv_visa 0]

19 hours ago, appleblossom said:

 

You're aware that your PD isn't current? So you're not even in line for an IL yet as there is no visa available to you. 

 

A temp employment visa is your only option for August 2025, I can't see you having your EB2 by then, but any of them are going to involve the employer spending some money. Might be time to ask them for a chat with their immigration lawyer to discuss the options?

 

I thought you can still be interviewed while your PD is not current? I understand the GC won't be issued until the PD is current, but where does it say that you can't be invited to complete the medical exam/interview until the PD is current?

[appleblossom 2,780]

7 minutes ago, asiv_visa said:

 

I thought you can still be interviewed while your PD is not current? I understand the GC won't be issued until the PD is current, but where does it say that you can't be invited to complete the medical exam/interview until the PD is current?

 

No, they don't give interviews for people who aren't eligible for a visa. It says it on this page, scroll down to 'Documentarily Complete' and there it says "Please keep in mind, applicants in a numerically limited (preference) visa category can receive an appointment, their priority date must also be current".

 

Once your PD is current you'll then be added to the line for an interview. Good luck. 

 

Edited 22 hours ago by appleblossom

[asiv_visa 0]

20 minutes ago, appleblossom said:

 

No, they don't give interviews for people who aren't eligible for a visa. It says it on this page, scroll down to 'Documentarily Complete' and there it says "Please keep in mind, applicants in a numerically limited (preference) visa category can receive an appointment, their priority date must also be current".

 

Once your PD is current you'll then be added to the line for an interview. Good luck. 

 

Okay, thanks for pointing that out. Should I be looking at the final action dates or the filing dates on the visa bulletin tables when it comes to being scheduled for interviews?

[appleblossom 2,780]

8 minutes ago, asiv_visa said:

Okay, thanks for pointing that out. Should I be looking at the final action dates or the filing dates on the visa bulletin tables when it comes to being scheduled for interviews?

 

Final action dates. The filing dates are for submitting your docs to NVC, paying fees, completing the DS-260 etc - and you've already done that to become DQ'ed. So now you're waiting for your date to become current on Table A.

 

H1B isn't likely to help you either as unless it's a cap exempt role then even if you get lucky in the annual lottery, you can't start the job until October. So TN is probably the only option for an August start date if the job is eligible? But your employer should help you and supply the lawyer to see what may be feasible. 

Edited 22 hours ago by appleblossom

[asiv_visa 0]

14 minutes ago, appleblossom said:

 

Final action dates. The filing dates are for submitting your docs to NVC, paying fees, completing the DS-260 etc - and you've already done that to become DQ'ed. So now you're waiting for your date to become current on Table A.

 

H1B isn't likely to help you either as unless it's a cap exempt role then even if you get lucky in the annual lottery, you can't start the job until October. So TN is probably the only option for an August start date if the job is eligible? But your employer should help you and supply the lawyer to see what may be feasible. 

I think I'll have to go with an O1 sponsorship since I would be eligible for that. I don't think this employer is cap exempt .

[appleblossom 2,780]

1 minute ago, asiv_visa said:

I think I'll have to go with an O1 sponsorship since I would be eligible for that. I don't think this employer is cap exempt .

 

O1 could work, although if you're eligible for O1 then why didn't you apply for EB1A instead of EB2 NIW?