Ling_Noi

Understood. One thing I had clarified recently was that it’s 90 days from an entry not just the issuance of a TN. I always thought it was 90 days from the first stamp.

I also met with the lawyers today. They clarified that CBP were wrong to ask for tax documents and also wrong to require experience be acquired outside of the qualification period.

They want me to go to the Mexican border (I’m in San Diego now) and request L1B there with this info.

So bizarre that CBP would mislead me like this but I’ve read about the inconsistencies when they adjudicate applications.

Ling_Noi

PWD is now done and PERM was filed late March.

Still on TN. Will be moving to L1B sometime this or next month.

postbox134

Good luck, my PERM PD is August 2022 and still not got it back yet. so that's almost 10 months of waiting. Hopefully it speeds up for yours.

Also, not that EB-2/3 is no longer current for ROW. It's expected to become current in October so hopefully by the time your PERM is approved you can file straight away.

Ling_Noi

Thanks. Just hoping I don’t get audited.

PD not being current for ROW just shows how slow things have become. Hopefully it’s temporary.

Ling_Noi

Got my L1-B paperwork. I misunderstood the eligible POEs to get this processed. It turns out you have to go to US-Canadian border or a Canadian pre-clearance airport. So flying to Vancouver probably next month.

S Folinsky

Idle thought- San Ysidro is within driving distance of San Diego. If memory serves me correct, the Blue Line trolley runs from La Jolla south to San Ysidro.

Ling_Noi

The plan originally was to drive to Blaine, WA from Seattle and get it all sorted but then I noticed they only process Tue-Thurs.

Instead drove to YVR pre-clearance from Seattle with my refundable ticket, was granted L1-B without much hassle from the CBP officer. Left the airport without taking my flight and then drove to Blaine, WA to get my wife on L2S and then back to Seattle to fly home.

Correct but Canadians can't apply at the Southern Border unfortunately.

---

Just waiting for the PERM to be approved. Should be approximately February.

S Folinsky

I retired before NAFTA was superseded by the USMCA. I know that Donald Trump was extremely hostile to NAFTA. I had not heard that the immigration procedures had changed for Canadians to enter the U.S. Interesting.

Ling_Noi

If you're saying that was not the case under NAFTA then that could still be the case. Not much (anything?) changed visa-wise under USMCA.

My information is based upon this page and my lawyers.

Ling_Noi

PERM inching closer. I've evaded company layoffs until now. ETA for PERM approval is May looking at the 13-14 months processing time.

postbox134

Is your PD March/April 2023? If so you will most likely still have a wait before it becomes current for Final Action and perhaps even filing. The current FAD is September 2022. Possible it becomes current for you in October when the fiscal year ends.

Ling_Noi

Correct March is my PD.

The lawyers said we could file based on the dates in table B of the visa bulletin. It obviously won’t be approved until it’s current but as long as I can file I should be safe assuming my employer doesn’t withdraw the I140 and I’m employed should I get interviewed.

postbox134

Are you already in the US or still in Canada?

There might be forward movement in the bulletin between now and October but it's not certain for sure. We had a big retrogression last year

S Folinsky

Pedantic note - the fiscal year STARTS October 1st (concommintly, the prior FY ends September 30th). At best, predicting visa availability is a guessing game although the Visa Office has the best information underlying its projections.

It should be noted that the law front loads number allocation towards the first three quarters of the FY. That is why there are often retrogression in Q4 (July, August, September) with recovery the following October and November.

Ling_Noi

Quick update. As the April visa bulletin indicates it is highly unlikely my PD will become current this FY. Expecting PERM approval end of April/early May if I'm not audited.