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Well I sent the lawyer and the HR the question: if I get laid off due to the merger, would they withdraw the I-140? I haven't got a reply back yet. I think that is a crucial question for the first 6 months of I-485. I'm starting to tilt over to the cautious side and staying on TN and as I always...

Well at this point, I am going to see an outside lawyer next week. There is also another thing unrelated to this particular thread and I need legal advice on it (something from my past, long long time ago). Then I decide what to do. As for AP, I won't make whether we file next week or not. I...

Huh, HR just called me! It looks like I raised a bit of hell :) Ok, the bottom line is my employer and their lawyer think I-140 is immigrant intent. Sarcastically I am glad my PD is current, otherwise they would've let the PERM go waste because I have to travel to Canada once or twice a year!!!

This is what he said when I proposed the I-140 w/ CP: "without even getting into the legal reasons why that won't help, you're asking us (me and employer) to sign an I-140 that includes an intentional misrepresentation."

I know! Basically what he means I already have an immigrant intent regardless of I-140. LOL!! I wish I could get my own lawyer but my employer uses this big law firm and won't let us get our own. What I can do is hire my own lawyer to represent me and my interests when dealing with their lawyer...

Yes that is correct. That's why I want the lawyer to file I-140 for the time being to keep my PERM alive but he won't do it. I-485 can be filed at a much later date.

I'm trying hard to cancel my trip to Ottawa. In the meantime, here is what the lawyer said about I-140 and TN: "That excerpt states that a pending I-140 is just one factor to consider. In your case because your actual intent is to apply for US permanent residence, if you are questioned further...

Let's say you are past 180 days of 485 and you already have your EAD card. You get laid off. You get a contract job for x number of months. The job description is the same as your I-140 job but the nature of the job is consulting. Can you still apply AC-21 and tell USCIS you've found a similar job?

The more I think about it, the more I feel I am better off staying on TN until the merger goes through. It is just unfortunate the timing of this merger is interfering with my trip and my GC application. The lawyer rushing me into it does smell fishy. I think it's all about the money. He wants...

Once again thanks nelsona for the insight! CP is out of the question for this lawyer because it affects my employability with my current employer. There is no EAD. And as you said convincing him to just file 140 is tough. He just doesn't want me to cross the border after 140 is filed, CP or AOS.

Regarding #4, I just replied to him quoting: "The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN status] if the alien’s intent is to remain in the United...

Thanks nelsona for the reply. I have some new questions and there has also been some new developments ever since I posted this: 1. I have no priority date concerns as I am in EB2 and I was not born in India or China. So the PD problem is out of the equation for me. 2. Still not clear to me what...

My company is getting acquired by another company. At this point, they are not telling me if the new merged company is a successor-in-interest. All they tell us is the newly merged company will give us offers to join it (sounds like a new entity and not a SII). I am currently on TN and my PERM...

PERM processing time: https://icert.doleta.gov/#fragment-2

I've read that layoffs can trigger a PERM audit. My employer had a major layoff but it didn't affect the local office I work at. But since it was in the news, it may still trigger an audit. A PERM audit can happen for other reasons too. All my previous employer's PERMs are getting audited...

We all know layoffs can affect the PERM application and trigger an audit. But what about I-140? Can an I-140 application get RFE'ed or even rejected if there was a layoff right before filing it?

I am single. I am now leaning towards filing I-140 first. My employer had major layoffs. They laid off a whole business unit, 2500 people (but I am not in that unit). I am concerned even if they don't get audited for PERM, there is a risk in getting I-140 itself. Is USCIS also sensitive to...

So nelsona, do you recommend filing I-140 first and making sure it is approved and then I-485? It sounds pretty safe to me. But on the other hand, what could cause an I-140 to be rejected? If you have an approved PERM, wouldn't getting an I-140 approved be a piece of cake?

By the way nelsona, please wish me luck as there is a good chance of PERM getting audited. An Audit could delay PERM by a year or two. In that case, I won't be able to do 140/485 in the lifetime of my current 3 year TN (a bit over 2 years left of it).

When these people tell me you cannot go from non-immigrant status like TN to GC, I tell them: how the heck do all these foreigners come from Europe and Asia on B2 and then get married to a US citizen and get a GC?!! My former employer's lawyer was speechless when I told him that. Eventually he...