Apply TN or Go For GC (EB2-NIW) in H1B 6th Year

W

wfdl08

Registered Users (C)
I sent out posts before here and got a lot of useful info. Thanks folks.

This is my 6th year in H1B and I planned to apply for TN for the first time. I talked to a lawyer for GC free evaulation today and he recommended I could go for premium EB2-NIW and get results in 15 days. If that goes through, I can extend my H-1B beyond 6-year limit. If that doesn't go through, I can still apply for TN.

I have one question for this:

1) After reading many posts here, I know denial or approval of I-140 probably won't affect TN application since the company may petition for you. however, for EB2-NIW, I petition I-140 myself (no employer involved) which will show I have immigration intent, right? If that's the case, I will have a hard time to get TN approval if EB2-NIW fails.

If I apply for TN and get approval first, then I try EB2-NIW by myself and still show immigration intent, I will still run into the same issue when I renew in 3 years.

Just wonder anyone here pursuing GC through EB2-NIW while maintaining TN status?

Thanks!
 
In my opinion, there is no difference between an I-140 submitted by the beneficiary and one submitted by an employer. Both must be disclosed on the I-129 one would submit for aTN, and both CIS and CBP have admin guidelines instructing not to deny TN solely on the basis of submitted or approved I-140.

Now, to the promises of this lawyer: I-140 petition made on basis of EB2-NIW have NOT been eligible for premium processing, even for those running out of h1 clock, so you might want to ensure that this is truly the case. They may have removed NIW from the restrictions for premium.

In any event, If you can't premium the I-140, you might as well premium an I-129 for 3-year TN first, and remove all doubt . If your NIW process passes, you will have GC before needing to worry about the next renewal, and if NIW fails, you will still be eligible for TN in three years, as you won't have a viable GC process in the works at all.
 
Thanks a lot for your input. Just checked that NIW is not included in premium I-140 processing now. I will get TN first, then submit EB2-NIW.
 
That's what I'd do. After you get I-140 approval, you could switch back to H1 if you wish.
 
You must log in or register to reply here.
Top