Green Card application with TN visa

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I am a Canadian citizen (above 21), but was born in India. My H1-B is expiring this December. My employer was trying to file my green card application, but it is right now held up in the Prevailing Wage Determination stage and we are unsure if it will get to I-140 stage in time. They mentioned that I could apply for a TN visa around October, if it still hasn't progressed. This way they can get to I-140 stage and get a new H1-B. Is this feasible? I had previously been told that I could not apply for a TN visa if there was intent to apply for permanent residence. In addition, my Mother (US citizen) has also submitted an application for me. It is still in the Initial Review stage. Will going on a TN jeopardize this application or vice versa? I am trying to stay in the country at my current job, but I have heard different versions from various lawyers regarding the TN and green card process. Any advice would be most helpful. Thank you so much! Tina

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  • 2 weeks later...

If an I-130 or I-140 is filed, a TN is pretty much impossible to get, due to immigration intent.

If none of these application is filed, a TN is still possible.

This requires good timing, so you should work with your employer and your lawyer to get the timing right.

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