100 Days rule

S

Saneman

New Member
Hi there,

I'm on TN status since 2015 then after company name change renewed TN till 2020. Filed PERM this March and waiting for approval. They also applied for H1B and waiting for lottery results.

I have to go Pakistan to see me parents that are not in very good health. I've planned to go next month so no traveling outside US until the GC . Sent an email to attorney and HR asking about any consequences. Paralegal replied that after PERM is approved (expecting July) I have to wait 100 days before applying for I-140.
I read 30/60 rule somewhere before but not sure.

Is it true that I have to wait?

Thanks in advance for your help
 
That does not apply to filing I-140 -- which is NOT adjusting status.

It would apply to filing I-485.

And it has nothing to do with days after PERM approval.
 
nelsona said:
That does not apply to filing I-140 -- which is NOT adjusting status.

It would apply to filing I-485.

And it has nothing to do with days after PERM approval.
Click to expand...


Agreed that the I-140 is not adjustment of status and its employer petition not mine. His point is this is misrepresentation of non-immigrant intent of TN. I'll come back and haunt my attorney with your argument.

Thanks
 
You need to read the curiousgeorge post which outlines the specific memos which outline why I-140 is NOT considered disqualifying immig intent.
 
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