My husband got TN visa my children and I TD want to stay What visa do we request next???

[Coco8 1,039]

10 hours ago, CEE53147 said:

You are underestimating the time required to a green card.

 

In addition, there can be no US citizens or current permanent residents qualified and wanting the job.  Getting a green card is much harder than getting a work visa.

 

An L1 visa is also a dual intent visa which allows sponsorship for a green card.  OP, read up on those requirements.

I think you don't understand. Any green card from a Job has a labor certification, even if you had an L1 or an H1B before. 

 

I know because my husband had an L1 and then got a green card. His green card from application took 5 years. Labor certification takes 6 months, more or less, then a few months of something else, and then you get a priority date given your education level and country. Overall, for someone with bachelor degree it can take at least 5 years, more if you are from India because they have longer waiting times.

 

Dual intent just means you can apply for a green card and you don't have to show a tie to your country. It does not mean you can avoid the labor certification part of the GC application. 

 

TN does not have dual internet. That means that if you show any interest in a GC your TN visa can be taken away.

 

Edited July 24, 2017 by Coco8

[xyz12345 260]

You don't have to have labor certification for a greencard (but you have to for an H1B) if you apply as EB-1A or EB2-NIW.  If under these 2 categories, you can self petition whether or not you have a job offer, or whether your employer will apply for your GC or not. If you're applying as outstanding researcher (EB-1B), you also don't need labor certification either but you must have a job offer (e. g., university).

[Coco8 1,039]

5 minutes ago, xyz12345 said:

You don't have to have labor certification for a greencard (but you have to for an H1B) if you apply as EB-1A or EB2-NIW.  If under these 2 categories, you can self petition whether or not you have a job offer, or whether your employer will apply for your GC or not. If you're applying as outstanding researcher (EB-1B), you also don't need labor certification either but you must have a job offer (e. g., university).

 

That is only because the burden of proof is at the USCIS stage. You have to be famous or be an outstanding academic. The same is true if you get an O1.

 

The OP didn't say if her husband was a professor. I work at a university and they sponsor H1B for everyone because there are no caps, they don't make you do a TN visa because it is for temporary work. 

 

So basically your advice is not practical for OP circumstances. Professors and outstanding researchers don't have problems getting visas. 

 

 

 

 

 

[Transam 4]

Like everybody else says, TN visa holder cannot have a dual intent and therefore you should not apply for an employment based GC even if the employer is willing to sponsor them, as there's a risk USCIS would take away the existing TN visa. His best bet is to switch to H1B sponsored by the same company, and once it is granted, you can apply for the GC. Still, it won't solve the financial aspect of the problem, and until the GC is granted you won't be able to work. If you can find a company who can sponsor your H1B next year it would be the best, but you must either; have an exceptional skill set so the company is willing to spend time and money sponsoring you, or have close ties with a company who is kind enough to spend time and money sponsoring you. (Company must pay for all the legal fees and application fee. It is illegal to pay by yourself.)

Edited July 24, 2017 by Transam

[Boiler 43,451]

Aaaaaagh

 

They are in the US.

[xyz12345 260]

Coco8, my last response is actually meant for you re: your last response before mine but silly me, dont know how to add your quote to my response. Or I just should have put your name first. you just mentioned that every job needs a labor certification. They dont. So yes, my last response do not apply to the OP(?). Still have to figure out what OP means.

 

I already mentioned earlier her options for getting a green card, whether directly or indirectly.

[Coco8 1,039]

10 minutes ago, Boiler said:

Aaaaaagh

 

They are in the US.

You keep saying this but you don't develop your point. Rather than repeating the same phrase, could you please explain?

[Transam 4]

18 minutes ago, Boiler said:

Aaaaaagh

 

They are in the US.

I guess you're confused with family sponsored AOS with US citizen spouse...? Being in US doesn't guarantee their status with employment based.

Edited July 24, 2017 by Transam

[Boiler 43,451]

The magic word status. And an employer filing for a GC has no impact on status.

[Coco8 1,039]

7 minutes ago, Boiler said:

The magic word status. And an employer filing for a GC has no impact on status.

 

As I said a GC through work takes at least 5 years. Are you suggesting that they stayed in the US for that long without leaving? That is not feasible and I don't think the TN visa lasts that long.

Edited July 24, 2017 by Coco8

[Boiler 43,451]

8 minutes ago, Coco8 said:

 

As I said a GC through work takes at least 5 years. Are you suggesting that they stayed in the US for that long without leaving? That is not feasible and I don't think the TN visa lasts that long.

You have said a lot of wrong things.

 

[Coco8 1,039]

Just now, Boiler said:

You have said a lot of wrong things.

 

Like?

[CEE53147 559]

There is no minimum length of time worked in the US before a green card can be applied for by an employer. In fact, a person does not even have to be working for the applying employer or be in the US at the time the petition is filed.  The individual must plan to work for the sponsor after receiving the green card.

 

The L1A status is particularly interesting for green card aspirants due to the filing requirements but has very specific requirement for L1A status.

 

OP, you and your spouse might like to consult an employment immigration law specialist to review options.

 

 

[Ryan H 3,791]

~~Bickering post removed, any further bickering will not be tolerated.~~