- 主题发起人 Feat
- 发布时间 2014-03-04
回复: 探讨：大家为什么不去美国定居？
加拿大公民要不要绿卡都无所谓吧？
听说美国现在更难留了，国内的留学潮导致毕业的学生间竞争有限对外籍开放的工作岗位。今年春节跟国内朋友通电话得知，老同事的孩子，留美毕业后非自愿回国的，已经有好几个了，而且这几个孩子都是很优秀的孩子，还不是那种留学混混之类的。他们现在的问题在于人在国内心已不在那里，还在申请美国学校硕士博士之类的。。。之所以回国，是因为在美国没有工作生活成本太高，所以回国继续申请
留在美国的孩子，据说申请工签也要抽签？
加拿大公民要不要绿卡都无所谓吧？
听说美国现在更难留了，国内的留学潮导致毕业的学生间竞争有限对外籍开放的工作岗位。今年春节跟国内朋友通电话得知，老同事的孩子，留美毕业后非自愿回国的，已经有好几个了，而且这几个孩子都是很优秀的孩子，还不是那种留学混混之类的。他们现在的问题在于人在国内心已不在那里，还在申请美国学校硕士博士之类的。。。之所以回国，是因为在美国没有工作生活成本太高，所以回国继续申请
留在美国的孩子，据说申请工签也要抽签？
回复: 探讨：大家为什么不去美国定居？
怎么可能无所谓？有绿卡你被lay off就有EI拿，政府还培训你再就业，没有绿卡你就的哪来的赶紧回哪去。
美国找工作比加拿大机会多，但申请人也多，工签抽签指的是H1B的配额，如果在H1B开放的第一周，申请人数就超过配额，就抽签，去年就是这样。不过对在美国读硕士博士的，应该没有这个问题，针对他们，有专门的配额。
没有绿卡的孩子，再优秀也没有用，刚毕业，肯定不是公司急需人才，公司要雇佣你，得走H1B的程序，这就是说，7月你毕业申请到工作，得等第二年4月才能申请H1B了,等签证下来，又快翌年了，有几个公司等得了？ 好吧，毕业生还有OPT,就是说毕业前90天申请opt，可以在美国再延长翌年，找到工作换H1B,但现在这个政策也收紧了。
怎么可能无所谓？有绿卡你被lay off就有EI拿，政府还培训你再就业，没有绿卡你就的哪来的赶紧回哪去。
美国找工作比加拿大机会多，但申请人也多，工签抽签指的是H1B的配额，如果在H1B开放的第一周，申请人数就超过配额，就抽签，去年就是这样。不过对在美国读硕士博士的，应该没有这个问题，针对他们，有专门的配额。
没有绿卡的孩子，再优秀也没有用，刚毕业，肯定不是公司急需人才，公司要雇佣你，得走H1B的程序，这就是说，7月你毕业申请到工作，得等第二年4月才能申请H1B了,等签证下来，又快翌年了，有几个公司等得了？ 好吧，毕业生还有OPT,就是说毕业前90天申请opt，可以在美国再延长翌年，找到工作换H1B,但现在这个政策也收紧了。
回复: 探讨：大家为什么不去美国定居？
我木有律师，也不打算去美国， 和朋友聊天的时候聊的，你说的这个问题也讨论过，确实有人140pending的时候renew TN被拒，我给你加了红字。
这边有个文章，讲的比较清楚，
[SIZE=-1]TN --> LC --> I-140 --> I-485 --> GC --> US Citizen
[/SIZE] 1) File PERM. Keep renewing your TN as you normally would. You can continue to travel and work using your TN. 2) After the PERM gets approved, file your I-140. Do not file your I-485 concurrently (Only avoid concurrent application if you are unsure of your I-140 getting approved easily. See below on my opinion this point). Renew your TN via mail if necessary (not at the POE/PFI). The reason for this is that some less experienced officers at the POE/PFI may incorrectly deny you entry in TN status when you attempt to renew and they see thst you have a pending I-140, so to avoid this error, renew by mail at this point. You can continue to travel and work using your TN.
3) After your I-140 is approved, and your priority date is current, verify that you have at least 6 months left on your TN. If so, proceed to step 4. If not, apply for a new TN now. If your priority date is not current, keep renewing your TN until your priority date becomes current. Once it is current, make sure you have 6 months left on your TN and proceed to step 4.
4) Once your I-140 is approved, and you have a TN that is good for at least 6 months apply for your I-485. Apply for your EAD, and your Advance Parole at the same time. Your TD dependants should also apply for EAD and AP now.
5) Do not leave the United States between step 4 and step 7. You can continue work using your TN, but you cannot travel using your TN. Never apply for a new TN ever again. If you leave between steps 4 and 7, your I-485 will be considered abandoned, and you won't be eligible for a new TN. Basically if you leave, you can't come back, unless you get some other kind of visa, (H1, L1, etc) and you'll have to refile your I-485. Bad..bad..bad..
6) If your EAD does not arrive within 90 days after the application was filed, schedule an appointment at the local office using InfoPass and apply for an interim EAD. (this is why you needed to have at least 6 months left on your TN as mentioned in step 3.) I say 6 months, because the 90 days starts ticking after USCIS "receives" your EAD application. If it takes them a while to get it into their system that may be a delay. It may take a few weeks for your InfoPass appointment, even after you schedule it, depending on availability, plus, once you go get the Interim EAD, you may not be issued it on the spot. There may be an additional delay of a week or so before you actually get it. So although you can "apply" for an I-EAD in 90 days, its better to leave a buffer of a few months on your TN in step 3.
7) Once your Advance Parole is approved, you can travel abroad. If you travel using your Advance Parole, upon re-entry to the US, you will be in I-485 pending status, not in TN status. Your TN status will be voided, and you'll have to provide your EAD to your employer to update the I-9. If you are travelling with your dependants, they will also need an AP for travel (as mentioned in step 4).
8) Once your EAD is approved, you can find a second job if you so wish. If your I-485 has been pending for more than 6 months, then you can invoke AC-21, and leave your sponsoring company for another job that matches the description in your LC. Upon using your EAD, your TN is voided. All your employers would need a new I-9 with your EAD on it, and you would be in I-485 pending status, not in TN status. Your TN status will be voided, and you will need to use your Advance Parole when you travel for re-entering the US. On the same token your dependants can also use thier own respective EAD tto find jobs. A privaledge they were not entitled to under their TD status.
9) If you don't travel in step 7, and you don't get a second job, or switch jobs in step 8, then you'll be in TN status until your TN expires at which point you'll be in I-485 pending status. In any case, once you are in I-485 pending status due to any of the steps outlined above, then your TD dependants are by default in I-485 pending status, and they would also need an AP for traveling at that point.
10) Keep renewing your EAD and AP every year at least 3-4 months before they expire so that you can take advantage of step 6 if necessary. Make sure they don't expire since although you'd still be in a legal status of I-485 pending, you would not be able to work or travel until the new EAD/AP arrives in the mail.
11) If your I-485 gets denied you would be out of status immediately, and so will your dependants. At this point your EAD and AP are also invalid. You would need to apply for a motion to reopen as soon as possible. Once your MTR is accepted, you can work using your EAD again. (This situation is very very rare, so don’t worry about this one, and this is not at all specific to TN cases, since the same situation happen if your H1b had expired, and your I-485 were to get denied).
12) Eventually your I-485 will get approved, either directly from the service center, or you might get an interview like me. Your status will change from I-485 pending to permanent resident status. If you or yor dependants have a social security card that says "VALID ONLY WITH WORK AUTHORIZATION" then you might want to consider getting an updated card, to reduce confusion from any future employers. If not, then there is no need. Either way, your SS number will remain the same. If your dependants only have an ITIN number, then now they can get Social Security cards. Congrats! You've completed the process!
Notes on NOT filing concurrently in Step 2: If your I-140 is clear cut and straight forward, then ignore the following. My I-140 was "on the edge", so the following advice is what I would recommend for anyone in my situation.
An I-140 is filed by your company, not YOU so simply filing an I-140 does not show clear immigrant intent, since it’s the company filing in your name. There was a USCIS memo that was issued that clarified that simply filing an I-140 does NOT show immigrant intent. The company "could" file it without your consent, so therefore it’s not your fault that "they" want you to immigrate, eventually. By filing an I-485 you are clearly expressing YOUR choice to immigrate, not anyone else's, YOU are the one that consciously made the decision to immigrate by filing an I-485, and that is clear immigrant intent.
By filing an I-485, you show clear immigrant intent. For this reason, once you've applied for an I-485 you are no longer eligible for a new TN, since to qualify for a new TN, you cannot have dual intent. Dual intent is defined by having shown the intentions of wanting to switch to a permanent status (i.e. Green Card), while still in a temporary status (i.e. TN, H1, L1, F1, B1, etc). Only H1, and L1 visas explicitly allow for dual intent, and so people can extend their H1 and L1 visas while their I-485 is pending. TN, F1, and B1 statuses do not afford your the right you to extend your status while your I-485 is pending.
If you file the I-485 and the I-140 concurrently, and the I-140 is DENIED for any reason, then once your TN has expired, you are out of status, and you are no longer eligible for a new TN because you've shown immigrant intent. You can call it game over, and pack up and go back to Canada.
On the other hand, if all you filed is your I-140, and it gets denied, you can still apply for a new TN, and refile the I-140. Life goes on, and you learn from the mistakes you made on the I-140, and you try again.
Also, if you filed concurrently and the I-140 gets an RFE, and then I-485 can be put on "hold" thus causing a delay in getting the EAD, and AP. If the TN expires during this time, you would not be able to work. An example of this is the ability to pay RFE's for smaller companies, or education issues for EB2 cases.
Next, you could get your I-140 mistakenly transferred to a local office. If you were on a TN in this scenario, you would be caught in the loop of trying to get your I-140 back to the service center, all the while your EAD may not get approved before your TN expires because nobody at USCIS wants to admit to having your file. Again, bad luck due to USCIS error. The risk is too high to take the chance.
The safe route in a TN scenario is NOT to file concurrently. I still highly recommend this to all TN holders trying to adjust status (if your priority date is even current in the first place). Otherwise you will not be able to work for a time period, or the worst case is (as originally stated in less frequent cases these days) you might be out of status, without the option to renew your TN.
我木有律师，也不打算去美国， 和朋友聊天的时候聊的，你说的这个问题也讨论过，确实有人140pending的时候renew TN被拒，我给你加了红字。
这边有个文章，讲的比较清楚，
[SIZE=-1]TN --> LC --> I-140 --> I-485 --> GC --> US Citizen
[/SIZE] 1) File PERM. Keep renewing your TN as you normally would. You can continue to travel and work using your TN. 2) After the PERM gets approved, file your I-140. Do not file your I-485 concurrently (Only avoid concurrent application if you are unsure of your I-140 getting approved easily. See below on my opinion this point). Renew your TN via mail if necessary (not at the POE/PFI). The reason for this is that some less experienced officers at the POE/PFI may incorrectly deny you entry in TN status when you attempt to renew and they see thst you have a pending I-140, so to avoid this error, renew by mail at this point. You can continue to travel and work using your TN.
3) After your I-140 is approved, and your priority date is current, verify that you have at least 6 months left on your TN. If so, proceed to step 4. If not, apply for a new TN now. If your priority date is not current, keep renewing your TN until your priority date becomes current. Once it is current, make sure you have 6 months left on your TN and proceed to step 4.
4) Once your I-140 is approved, and you have a TN that is good for at least 6 months apply for your I-485. Apply for your EAD, and your Advance Parole at the same time. Your TD dependants should also apply for EAD and AP now.
5) Do not leave the United States between step 4 and step 7. You can continue work using your TN, but you cannot travel using your TN. Never apply for a new TN ever again. If you leave between steps 4 and 7, your I-485 will be considered abandoned, and you won't be eligible for a new TN. Basically if you leave, you can't come back, unless you get some other kind of visa, (H1, L1, etc) and you'll have to refile your I-485. Bad..bad..bad..
6) If your EAD does not arrive within 90 days after the application was filed, schedule an appointment at the local office using InfoPass and apply for an interim EAD. (this is why you needed to have at least 6 months left on your TN as mentioned in step 3.) I say 6 months, because the 90 days starts ticking after USCIS "receives" your EAD application. If it takes them a while to get it into their system that may be a delay. It may take a few weeks for your InfoPass appointment, even after you schedule it, depending on availability, plus, once you go get the Interim EAD, you may not be issued it on the spot. There may be an additional delay of a week or so before you actually get it. So although you can "apply" for an I-EAD in 90 days, its better to leave a buffer of a few months on your TN in step 3.
7) Once your Advance Parole is approved, you can travel abroad. If you travel using your Advance Parole, upon re-entry to the US, you will be in I-485 pending status, not in TN status. Your TN status will be voided, and you'll have to provide your EAD to your employer to update the I-9. If you are travelling with your dependants, they will also need an AP for travel (as mentioned in step 4).
8) Once your EAD is approved, you can find a second job if you so wish. If your I-485 has been pending for more than 6 months, then you can invoke AC-21, and leave your sponsoring company for another job that matches the description in your LC. Upon using your EAD, your TN is voided. All your employers would need a new I-9 with your EAD on it, and you would be in I-485 pending status, not in TN status. Your TN status will be voided, and you will need to use your Advance Parole when you travel for re-entering the US. On the same token your dependants can also use thier own respective EAD tto find jobs. A privaledge they were not entitled to under their TD status.
9) If you don't travel in step 7, and you don't get a second job, or switch jobs in step 8, then you'll be in TN status until your TN expires at which point you'll be in I-485 pending status. In any case, once you are in I-485 pending status due to any of the steps outlined above, then your TD dependants are by default in I-485 pending status, and they would also need an AP for traveling at that point.
10) Keep renewing your EAD and AP every year at least 3-4 months before they expire so that you can take advantage of step 6 if necessary. Make sure they don't expire since although you'd still be in a legal status of I-485 pending, you would not be able to work or travel until the new EAD/AP arrives in the mail.
11) If your I-485 gets denied you would be out of status immediately, and so will your dependants. At this point your EAD and AP are also invalid. You would need to apply for a motion to reopen as soon as possible. Once your MTR is accepted, you can work using your EAD again. (This situation is very very rare, so don’t worry about this one, and this is not at all specific to TN cases, since the same situation happen if your H1b had expired, and your I-485 were to get denied).
12) Eventually your I-485 will get approved, either directly from the service center, or you might get an interview like me. Your status will change from I-485 pending to permanent resident status. If you or yor dependants have a social security card that says "VALID ONLY WITH WORK AUTHORIZATION" then you might want to consider getting an updated card, to reduce confusion from any future employers. If not, then there is no need. Either way, your SS number will remain the same. If your dependants only have an ITIN number, then now they can get Social Security cards. Congrats! You've completed the process!
Notes on NOT filing concurrently in Step 2: If your I-140 is clear cut and straight forward, then ignore the following. My I-140 was "on the edge", so the following advice is what I would recommend for anyone in my situation.
An I-140 is filed by your company, not YOU so simply filing an I-140 does not show clear immigrant intent, since it’s the company filing in your name. There was a USCIS memo that was issued that clarified that simply filing an I-140 does NOT show immigrant intent. The company "could" file it without your consent, so therefore it’s not your fault that "they" want you to immigrate, eventually. By filing an I-485 you are clearly expressing YOUR choice to immigrate, not anyone else's, YOU are the one that consciously made the decision to immigrate by filing an I-485, and that is clear immigrant intent.
By filing an I-485, you show clear immigrant intent. For this reason, once you've applied for an I-485 you are no longer eligible for a new TN, since to qualify for a new TN, you cannot have dual intent. Dual intent is defined by having shown the intentions of wanting to switch to a permanent status (i.e. Green Card), while still in a temporary status (i.e. TN, H1, L1, F1, B1, etc). Only H1, and L1 visas explicitly allow for dual intent, and so people can extend their H1 and L1 visas while their I-485 is pending. TN, F1, and B1 statuses do not afford your the right you to extend your status while your I-485 is pending.
If you file the I-485 and the I-140 concurrently, and the I-140 is DENIED for any reason, then once your TN has expired, you are out of status, and you are no longer eligible for a new TN because you've shown immigrant intent. You can call it game over, and pack up and go back to Canada.
On the other hand, if all you filed is your I-140, and it gets denied, you can still apply for a new TN, and refile the I-140. Life goes on, and you learn from the mistakes you made on the I-140, and you try again.
Also, if you filed concurrently and the I-140 gets an RFE, and then I-485 can be put on "hold" thus causing a delay in getting the EAD, and AP. If the TN expires during this time, you would not be able to work. An example of this is the ability to pay RFE's for smaller companies, or education issues for EB2 cases.
Next, you could get your I-140 mistakenly transferred to a local office. If you were on a TN in this scenario, you would be caught in the loop of trying to get your I-140 back to the service center, all the while your EAD may not get approved before your TN expires because nobody at USCIS wants to admit to having your file. Again, bad luck due to USCIS error. The risk is too high to take the chance.
The safe route in a TN scenario is NOT to file concurrently. I still highly recommend this to all TN holders trying to adjust status (if your priority date is even current in the first place). Otherwise you will not be able to work for a time period, or the worst case is (as originally stated in less frequent cases these days) you might be out of status, without the option to renew your TN.
入了加籍省心很多，像我儿子只能续卡，因为不满足住满条件，所以每次入境都要见领导 
虽然也就三两分钟的事，但也多件事不是，而且理论上的确存在一定的风险 
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