A TN can self petition?

A

Azbio

Registered Users (C)
This Sunday evening and I am about to through my NIW I-140 application in the mail on Monday morning BUT
I was reading the whole GeorgeCurious case and found that he applied for PERM because I could not qualify for EB1 or EB2. I also found that when he was explaining the dule intent he said

Another misconception is that an I-140 shows clear immigrant intent. This has been confirmed to be untrue by both the former director of INS and the Nebraska Service Center, since an I-140 is filed by the COMPANY, and not the beneficiary

Now, my university is not filing 1-140 but I am petitioning myself as EB2 does not require a job.

On the other hand George was and I am on TN visa
I am not sure if George's company files I-140 or George self petitioned?

So in simple

Can I apply self petition for I-140 (EB2 NIW) while on TN?
Thanks and quick answer will help.
Best
 
George did not self-petition, since he was not EB1 nor NIW, but any way you slice it, I-140 has been deemed by both CIS and CBP to NOT be sufficient grounds to denied TN entry or renewal.

Obviously you can self-petition I-140 while on TN or any other status.
 
nelsona said:
George did not self-petition, since he was not EB1 nor NIW, but any way you slice it, I-140 has been deemed by both CIS and CBP to NOT be sufficient grounds to denied TN entry or renewal.

Obviously you can self-petition I-140 while on TN or any other status.
Click to expand...

Thanks, nelsonal and other contributors for the help in the past when I applied for my first TN.

Now I have a similar question here. My employer is unlikely to sponsor GC. The lawyer who evaluated my case said I have a good case for NIW. I read George's post and many other posts in this forum before I found this one (self-position).

it is kind of silly but I just want to confirm that I can renew my TN and re-entry with an approved (or in worse case scenario rejected) self-petitioned I140.

Many thanks.
 
Again, until you file an I-485, you do not exhibit immig intent -- even though you are the one petitioning, and not an employer.

Of course, this lawyer who 'evaluated' your case (and probably pulled out his 2018 Mercedes catalogue after he finished with you) would be the one to ask about this, no?

Just realize that "self-petitioning" doesn't mean "do-it-yourself". You need strong legal counsel to navigate NIW.
 
nelsona said:
Again, until you file an I-485, you do not exhibit immig intent -- even though you are the one petitioning, and not an employer.

Of course, this lawyer who 'evaluated' your case (and probably pulled out his 2018 Mercedes catalogue after he finished with you) would be the one to ask about this, no?

Just realize that "self-petitioning" doesn't mean "do-it-yourself". You need strong legal counsel to navigate NIW.
Click to expand...

Thanks again for your help, a big relief. I am not going to DIY the NIW.
 
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