4 TN process while GC Under process

gafadis

Registered Users (C)
Dear advisers,
I am Indian born Canadian Citizen. My GC is under process as prospective employee. My Labor approved EB3, PD-Jan 2003, and I140 approved Sep 2007.

1. If I wish to work in the US mean time can I apply for TN visa with same employer or any other employer while GC under process for future employment.

2. How much time do I wait for Toronto, Canada consular processing. What is next step and procedure.

Advisers are greatly appreciated.
 
If I read this right I'm assuming you are asking if you can still apply for a TN even though your Labor Cert and I-140 have been approved, and that in addition to your current job which the GC is filed if you can get a TN to work part-time at another job in addition correct?

Just want to get that clarified that you are not asking if you can now switch to a new job since the I40 is approved and quit this one that is filing for your Green Card?
 
Dear George and Warlord,
sorry for the late response.
I confirm that I applied for Consular Processing (Toronto, Canada). Never worked in the US. Currently working in Canada.

Seeking answers for the following:
I am Indian born Canadian Citizen. My GC is under process as prospective employee. My Labor approved EB3, PD-Jan 2003, and I140 approved Sep 2007.

1. If I wish to work in the US mean time can I apply for TN visa with same employer or any other employer while GC under process for future employment.

2. How much time do I wait for Toronto, Canada consular processing. What is next step and procedure.

Advisers are greatly appreciated.
 
You cannot apply for a TN status while you are already in the process of getting the Green Card. I think the I-40 is fine, but once you apply for the 485, then the TN and any future TN will be automaticaly denied as you are now going with immigration intent...
 
Since you are using consular processing, you probably CAN work on TN, since you will, by force have to leave US to do your consular processing.

So, while you may ultimately have immig intent, you cannot have immig intent on any entry made before your consular interview, since you cannot adjust fromn within US.

Ultimatley, it will be the border agent that decides this. However, if you point out that you are choosing consular processing, and the logic I mentionned above, you *might* get thru.
 
Dear Warlord,
The first one is correct, as you said "If I read this right I'm assuming you are asking if you can still apply for a TN even though your Labor Cert and I-140 have been approved, and that in addition to your current job which the GC is filed if you can get a TN to work part-time at another job in addition correct?"
 
apply for TN while GC processing

After reading that I can not apply for TN Visa, while my GC is in process, what can I do to cancel my GC process?
I applied in 2003, and received a letter on 2009 from NVC telling that there are no visa numbers available, so I called today and they told me the same thing, they did not told me a clear answer about a status on GC, like "on hold" or "cancelled", they just repeated me that 'there are no numbers available', can I cancel that thing? or does the petitioner need to cancel it?

Thanks.
 
Depends how far along you are in Process, as long as you have not file I-485, you can still do TN's. Relax.
 
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