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Ramy012

Canadian citizen dentist in US : H1B to Green Card, process?

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Posted

Hi experts,

 

I am a Canadian citizen - dentist. I am planning on moving to US on a TN visa in a few months. 

I am going to start looking for an employer who will sponsor my TN visa. I would like to apply for a US green card in the near future. 

I would like to understand the process. 

 

1. Employer sponsors my TN visa.

2. Next year by April, employer will apply for H1B before April 5th.

3. Hopefully my H1B will get picked in lottery.

 

My question really comes after this,

As a dentist, can my employer file for my green card in EB1 category?

How long will it take to get my green card via EB1?

If not, what are the other options and processing times.

 

I know and understand that next year things my change. Processing times vary as per Visa processing center, category of Green card filing, etc.

But still approximately? 

Since I am Canadian citizen, I was reading somewhere it is 4 to 6 years...

 

Thanks in advance! 

Posted

Why EB1? The employer can sponsor you for EB2. You can also self-sponsor for EB2-NIW in some cases. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Posted

Why the H1-B if you'll have a TN by then? I can't see any employer wanting to spend the extra on that when it's not necessary?

 

Not sure an EB1 will work for a dentist, but as above, have a look at EB2. If your employer won't sponsor an immigrant visa (lots are reluctant to, as it cost them a large amount of money and means you can then go and work for anybody else), then you may need to look at EB2 NIW.

 

Good luck.

Posted
5 hours ago, randomstairs said:

Why EB1? The employer can sponsor you for EB2. You can also self-sponsor for EB2-NIW in some cases. 

EB1 processing time is  about 1 year 

EB2 processing time is years, now sure how many, Like 4 to 6 years for a Canadian citizen. 

Please correct me if I am wrong. 

 

Thanks. 

Posted
3 hours ago, appleblossom said:

Why the H1-B if you'll have a TN by then? I can't see any employer wanting to spend the extra on that when it's not necessary?

 

Not sure an EB1 will work for a dentist, but as above, have a look at EB2. If your employer won't sponsor an immigrant visa (lots are reluctant to, as it cost them a large amount of money and means you can then go and work for anybody else), then you may need to look at EB2 NIW.

 

Good luck.

TN VISA is for 3 years and it can keep getting extended for 3 years and so on.

But if I went to get a green card in US, I will have to go the H1B route as TN is not a dual intent visa :( 

 

Definitely need to apply for H1B first 

Filed: Citizen (apr) Country: Indonesia
Timeline
Posted
55 minutes ago, Ramy012 said:

TN VISA is for 3 years and it can keep getting extended for 3 years and so on.

But if I went to get a green card in US, I will have to go the H1B route as TN is not a dual intent visa :(

 

Definitely need to apply for H1B first 

I've heard you can go straight from TN but it's a gray area. Can confirm my Canadian colleagues and friends normally wait to get H-1B first.

 

There's the advantage that since as you said you can keep renewing TN, you can keep dipping into the H-1B year after year until you get selected - the downside is only IIRC TN gives less time to find another job if you lose it than H-1B?

 

I don't know what the backlog is right now but back in 2016 or so Indonesians and Germans get GC in less than two years total in the EB-2 category, not sure if the queue is longer for Canadians.

 

Good luck!

US entry :

GC issued :
CIS Office :

2016 (me, H-1B) / 2017 (her, H-4)

2018-06-20

Chicago IL

Date Filed : 2023-03-22

NOA Date :

Bio. Appt. Notice :

2023-03-22

2023-03-24

Bio. Appt. :

2023-04-13

Interview Notice :

Interview Date :

Oath Ceremony :

2023-05-24

2023-07-13 (approved)

TBD

Posted
1 hour ago, Ramy012 said:

TN VISA is for 3 years and it can keep getting extended for 3 years and so on.

But if I went to get a green card in US, I will have to go the H1B route as TN is not a dual intent visa :(

 

Definitely need to apply for H1B first 

what country were you born ? its not the citizen but the birth country that matters

duh

Posted
32 minutes ago, M+K IL said:

I've heard you can go straight from TN but it's a gray area. Can confirm my Canadian colleagues and friends normally wait to get H-1B first.

 

There's the advantage that since as you said you can keep renewing TN, you can keep dipping into the H-1B year after year until you get selected - the downside is only IIRC TN gives less time to find another job if you lose it than H-1B?

 

I don't know what the backlog is right now but back in 2016 or so Indonesians and Germans get GC in less than two years total in the EB-2 category, not sure if the queue is longer for Canadians.

 

Good luck!

Thanks for your reply! 

Posted
8 minutes ago, igoyougoduke said:

what country were you born ? its not the citizen but the birth country that matters

Wow I didnt know that 

That isn't good 

So, it depends on your country of origin, like the country you were born in and not which country you are citizen of? 

I was born in India 

I came to canada when I was 3 years old 

That means it will take me 10 to 15 years on a EB2 category to get a green card :( 

Correct? 

I don't know if there is any other way for me to get a green card.  

Through marriage yes but I am not doing that...  

Posted
2 minutes ago, Ramy012 said:

Wow I didnt know that 

That isn't good 

So, it depends on your country of origin, like the country you were born in and not which country you are citizen of? 

I was born in India 

I came to canada when I was 3 years old 

That means it will take me 10 to 15 years on a EB2 category to get a green card :( 

Correct? 

I don't know if there is any other way for me to get a green card.  

Through marriage yes but I am not doing that...  

Yes birth country is all that matters unless you marry a US citizen where country quota per year has no limits 

duh

Filed: Citizen (apr) Country: Indonesia
Timeline
Posted
20 minutes ago, igoyougoduke said:

Yes birth country is all that matters unless you marry a US citizen where country quota per year has no limits 

I'm a bit curious about this - say you're born to two Canadian citizens, and have Canadian citizenship from birth, but were born abroad in a country like India or China (where the per-country queue is long).

 

Do you get put in the Canadian queue or the India/China one?

 

(From what I can see USCIS only asks for country of birth and not citizenship at birth)

US entry :

GC issued :
CIS Office :

2016 (me, H-1B) / 2017 (her, H-4)

2018-06-20

Chicago IL

Date Filed : 2023-03-22

NOA Date :

Bio. Appt. Notice :

2023-03-22

2023-03-24

Bio. Appt. :

2023-04-13

Interview Notice :

Interview Date :

Oath Ceremony :

2023-05-24

2023-07-13 (approved)

TBD

Posted
1 hour ago, Ramy012 said:

TN VISA is for 3 years and it can keep getting extended for 3 years and so on.

But if I went to get a green card in US, I will have to go the H1B route as TN is not a dual intent visa :(

 

Definitely need to apply for H1B first 

Not necessarily, you could do consular processing rather than AOS. But yes, India will be your country for processing purposes, so a much longer wait - you might want to just apply for EB2 NIW directly from Canada instead and wait it out there?

Posted
26 minutes ago, M+K IL said:

I'm a bit curious about this - say you're born to two Canadian citizens, and have Canadian citizenship from birth, but were born abroad in a country like India or China (where the per-country queue is long).

 

Do you get put in the Canadian queue or the India/China one?

 

(From what I can see USCIS only asks for country of birth and not citizenship at birth)

what matters is the country you are born in . citizenship is irrelevant.  in this case.. you are in india/china queue

duh

 
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