But...But...But...We have Free Healthcare in Canada 
Wait....that line belongs in the same trashcan as the "Land of opportunities" BS 
God Bless The USA
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Microsoft - Which end of the stick do you want today?
Quote:
Originally posted by DesiTiger
But...But...But...We have Free Healthcare in Canada
Wait....that line belongs in the same trashcan as the "Land of opportunities" BS
God Bless The USA
ho ho... DT ..the sarcastic Tiger ;-)
Nice & informative thread .. I was about to paste this link from curiosGeorge here when I found it was already here .. lol
Couple of qs for awareness sake .
a.How long does a TN to GC application take to process ? Is this processed faster than an H1 to GC application and if yes , is this again processed based on country of birth ?
b. I believe there s a labor market opinion ( something similar) which needs to be taken before applying for a GC -- which takes around 1 yr .. after which you can apply for I485 ... Can this labor opinion be applied for even before applying for TN ? I suppose not because it might constitute a dual intent .
c. Lastly - how come an L1 to GC application gets processed in under 6 months ?? .. I was surprised when I learnt of it as I felt that it took 3-6 years for an H1 to fall through .....
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Fido.
Location: Western Hemisphere
Posted on: 28-10-11 13:10:40
Quote:
Originally posted by Fido
Nice & informative thread .. I was about to paste this link from curiosGeorge here when I found it was already here .. lol
Couple of qs for awareness sake .
a.How long does a TN to GC application take to process ? Is this processed faster than an H1 to GC application and if yes , is this again processed based on country of birth ?
b. I believe there s a labor market opinion ( something similar) which needs to be taken before applying for a GC -- which takes around 1 yr .. after which you can apply for I485 ... Can this labor opinion be applied for even before applying for TN ? I suppose not because it might constitute a dual intent .
c. Lastly - how come an L1 to GC application gets processed in under 6 months ?? .. I was surprised when I learnt of it as I felt that it took 3-6 years for an H1 to fall through .....
a) Time is dependant on country of birth quota and the associated retrogression of visa availability. It has nothing to do with current immigration status. In fact, one does not have to be in the US or employed to be eligible for GC. GC is for a future employment. Therefore, at the time of GC approval (or more accurately, visa availability), if the employment is still on the table, then the employee can obtain an immigrant visa through a consular process. In most cases, the above situation is not practical as most employers will not keep an offer valid for 6 or so years. In most cases, the applicant is in the US and hence avail the "adjustment of status" option to change status from current H1 to I-485 (EAD) to GC holder. This is the point where a TN holder needs to be careful since that change of status is not permitted and hence has to be timed in a way neither TN nor I485 gets affected.
b) You are refrring to Labor Certification which is required for EB categories 2 and down. It is not requried for EB1. In any case, these days, Labor Certification appears to be a faster process although incessant request for additional documents could delay that. Once again, this process has nothing to do with the curent immigration status as it is for a future employment. TN's dual intent problem comes later.
c) Don't know. However, if the person's country of birth is not India, China, Mex or Phillipines, then the matter of retrogression does not apply since those 4 countries have huge demand compared to the remaining. That combined with EB category could make it faster. For example, I know of Canadians born in Canada obtaining GC within months. Not sure what you mean by H1 taking 3 to 6 years to fall through.
There is a bill that has been introduced that would remove the country quota for employment based GC through a complicated multiple phase process. This is just a bill at this time, not a law. It has to pass the US senate, congress and signed by the President. You have a better chance of winning the lottery by then
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Dimple2001
