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Are you considering this? I would be incredibly nervous to do so in this environment. With an EB2 pending (which could take years), I believe you are technically in violation of your TN status, which requires non-immigrant intent. While that’s usually fine as long as you don’t leave the country, we are not in normal times. But worth talking to an immigration lawyer.
If you’re not in an intense rush (there aren’t that many reasons to rush), you could try to get on H1-B first (a dual intent visa) and then form an intent to stay in the US and then apply for EB2.
Well maybe there is some initial step before I-485 that doesn’t have the problem, but the I-485 is a necessary step and can require over a year to process, right? So isn’t this practically correct?
I know this is done regularly—people just forego international travel for that period typically. But this administration is putting out nutso immigration policies one after the other. I could easily see some poorly drafted rule screwing TNs who have asserted immigrant intent by filing I-485s.
And who knows what will happen to processing times—we could easily see underfunded agencies and insane policies leading to giant backlogs of many years. Is OP willing to not go back to Canada (or leave the US at all) for years? Maybe. But all stuff to think about. H1-B first is usually the safer path, even in normal times.
I appreciate the thoughtful comments. Agreed, it’s unnerving. I will ask my firm to sponsor for H1-B/PERM but researching alternatives. I’m particularly curious whether any M&A / corporate lawyers have successfully obtained NIW.