TN -> H1B -> TN (with approved I140)

C

Can_Beaver

New Member
Hi All,

I was on TN visa in USA past 7 years,my employer started GC process and i have an approved I140. Now i am lay'd-off from work and i have my I94 valid for 20 more days. I am on look out for another employer who could hire me to willingly apply for H1B. If it doesn't work can i go back on TN? Will CBP will issue me a TN visa with approved I140 ? Should i let them know that it was my previous employer who applied and not sure if he is going to honor it?

Also my wife is on a TN visa and my kids too live in US with us. Based on my situation, will i qualify as "potential immigrant". Can anyone advice the best solution if i have to go apply for TN visa.

Thanks in Advance.
 
H1 is probably out of the question, since there is no quota until October 2018, so TN is your only hope. You are allowed to get and renew TN's with an approved I-140.

Your wife is a non-immigrant like you, so poses no "potential" for you to immigrate, and your children, even if US citizens can dp nothing to sponsor you.
 
Thanks for the reply.
I heard and read in some forums that there are more chances that visa officer might deem as "potential immigrant" and deny TN visa. As i can't prove ties to Canada. Also should i disclose i had an approved I140 with my previous employer?
 
Can_Beaver said:
Also should i disclose i had an approved I140 with my previous employer?
Click to expand...
if they ask, you tell the truth. But dont volunteer info if not asked.

As nelsona said, you are not going to be deemed as a 'potential immigrant' simply because your wife is on a TN
 
One does not have to prove ties to Canada or anywhere else when applying for or renewing TN. TN is not a tourist status.
 
Yep and your TN is given on basis of the TN letter/package, the very nature of which is temporary. Remember that the letter explicitly states TN is needed for a certain duration only
 
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