will switching to a non-dual intent visa status affect US green card?
June 11, 2014 11:08 AM Subscribe
H1-B to TN-1 to GC? My actual immigration lawyer is suggesting that we use TN-1 status to bridge the gap between the end of my 6th year of H1-B and PERM approval. Will using a non-dual intent status to fill this gap negatively affect a future employment based green card application?
posted by sockety puppety to Law & Government (3 answers total) 1 user marked this as a favorite
YANM immigration lawyers. I am in the sixth year of working in H1-B status and we didn't start PERM labour certification until recently (too late for H1-B extensions). I will have a visa gap of ~4-16 months between the end of my H1-B and PERM approval and the law firm is suggesting I go to TN-1. The lawyers indicate that filing PERM does not indicate immigrant intent, but I am concerned that switching to TN-1 may affect the future I-140/I-485 permanent residency applications. Will switching to a non-dual intent status like TN-1 be a problem when we file the I-140 petition and I-485 AOS for a green card (which we plan to do after PERM approval)? The law firm kind of glossed over this question when I asked.
I am also concerned that we may have a problem fitting my job into one of the TN-1 categories, but assuming the TN-1 is approved, will there be an issue with the GC application if the job category for TN-1 doesn't appear to closely match my job title?