General tips on relcation to USA
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Location: Western Hemisphere
Posted on: 12-02-14 09:41:00
Quote:
Originally posted by JRF
Question to some folks who moved to USA.
Say, you got a good offer and you started working. Things go fine, you would settle with TN -> GC or TN-H1b-GC.
What if things head south while in TN1 ?
What if its the case while on H1B ? ( you could stay put till your I-94 expires, look for a H1B transfer etc.,
How would you handle downsizing at work while your GC in progress ?
Doing a bit research reveals that one should switch to H1B as soon as possible after entering through TN1 to establish better footing.
JRF,
In my opinion, you are thinking way too much ahead, causing yourself unnecessary conundrums. As you have said, no job is safe, hence the risk is fairly balanced.
With your country of birth being India, GC takes a long time unless a miraculous immigration reform comes into effect. You'll have plenty of time to chew every option possible once you get into the US and on TN.
If things head south, TN is relatively easier to switch compared to H1 (from cost and lead time).
If things head south while in the middle of GC process, it all depends on what stage of GC process you are in. There are AC21 provisions that might help...or not. Again, it's way too early to ponder.
If the security of being settled is paramount, you should choose a border city where you can live in Canada and commute to US for work. If you were to lose your job, all you have to do is come home to Canada with nothing to lose. You can still enter US as a visitor and attend future interviews and such.
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Dimple2001
Q about TN > GC .Say if you are on TN and file for GC ... Things don't progress well and you are back in Canada ..... I know you will be refused a TN next tine since you have already exhibited intent to settle in the US .
But will there be problems in visiting US after your return ?
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Fido.
Quote:
Originally posted by Fido
Q about TN > GC .Say if you are on TN and file for GC ... Things don't progress well and you are back in Canada ..... I know you will be refused a TN next tine since you have already exhibited intent to settle in the US .
But will there be problems in visiting US after your return ?
It depends upon what stage of the GC process you were when you came back to Canada.
If you moved back before you filed I-485 (Adjustment of Status, i.e. AOS), you will be fine - since there will be no "immigrant intent" from your side. The I-485 filing (or the GC interview at the US consulate outside of the US) is viewed as an intent to immigrate.
But if you come back to Canada after filing the AOS application (either by abandoning the GC process or just for a family visit without the advanced parole when GC process is at the last stage), you will most likely face problems or will need to do a lot of explaining at the US port of entry.
Thanks for sharing your thoughts. Agreed, there is always going to be certain risks involved when you try to bring in a change. It should be accepted and a mitigation might not exist always.
Quote:
Originally posted by dimple2001
JRF,
In my opinion, you are thinking way too much ahead, causing yourself unnecessary conundrums. As you have said, no job is safe, hence the risk is fairly balanced.
With your country of birth being India, GC takes a long time unless a miraculous immigration reform comes into effect. You'll have plenty of time to chew every option possible once you get into the US and on TN.
If things head south, TN is relatively easier to switch compared to H1 (from cost and lead time).
If things head south while in the middle of GC process, it all depends on what stage of GC process you are in. There are AC21 provisions that might help...or not. Again, it's way too early to ponder.
If the security of being settled is paramount, you should choose a border city where you can live in Canada and commute to US for work. If you were to lose your job, all you have to do is come home to Canada with nothing to lose. You can still enter US as a visitor and attend future interviews and such.
-----------------------------------------------------------------
The cowards never started,
The weak died on the way,
Only the strong arrived.
http://www.youtube.com/watch?v=_yK1i9cLAMM
To my understanding, it is I-140 which is the GC petition. I-485 is just an adjustment of status from TN1 to Green card.
I guess, having a Labor Cert applied on your behalf wouldn't affect the future TN but I-140 onwards...
Quote:
Originally posted by cdn_dude
It depends upon what stage of the GC process you were when you came back to Canada.
If you moved back before you filed I-485 (Adjustment of Status, i.e. AOS), you will be fine - since there will be no "immigrant intent" from your side. The I-485 filing (or the GC interview at the US consulate outside of the US) is viewed as an intent to immigrate.
But if you come back to Canada after filing the AOS application (either by abandoning the GC process or just for a family visit without the advanced parole when GC process is at the last stage), you will most likely face problems or will need to do a lot of explaining at the US port of entry.
-----------------------------------------------------------------
The cowards never started,
The weak died on the way,
Only the strong arrived.
http://www.youtube.com/watch?v=_yK1i9cLAMM
Quote:
Originally posted by JRF
To my understanding, it is I-140 which is the GC petition. I-485 is just an adjustment of status from TN1 to Green card.
I guess, having a Labor Cert applied on your behalf wouldn't affect the future TN but I-140 onwards...
There is no "GC Petition". The I-140 is called the Immigrant Petition and it is filed by the employer on your behalf. Since it belongs to the employer (and not you), it does not constitute your intention to immigrate. Whereas I-485 is your application and demonstrates your intention to immigrate.
Therefore, Labor and I-140 do not affect your TN, but I-485 does.
Good to know that.... I've heard I-140 itself impacts. Anyhow, I will share some more results soon..
-----------------------------------------------------------------
The cowards never started,
The weak died on the way,
Only the strong arrived.
http://www.youtube.com/watch?v=_yK1i9cLAMM
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