Applying for TN with I-140 on file

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OttawaSenators

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Here's my story: I am on TN. My employer filed for I-140 and it got approved quickly with premium processing. However when it came to I-485, the company lawyer is asking for some extra fees that are not covered by what my employer has already paid them. My employer won't pay those additional fees and they want me to pay. I am very angry at this and don't want to pay a lawyer who does not represent me and only represents my employer. And they won't provide the I-140 to my lawyer.

I am about to drop the ball and ask them to withdraw the I-140 and maybe even look for a new job. What are my chances of getting a new TN with the current I-140 on file, withdrawn vs withdrawn and also TN thru CIS vs CBP?

Please share your experiences of getting TN with an I-140 on file.
 
Thanks nelsona! That's what I figured too regardless what these lawyers say that it needs to be withdrawn. I think you remember my case from a while ago in another thread. So the same employer and lawyer who didn't want to file I-140 first and then I-485 months later (after the merger) are now keeping me on TN with an approved I-140!! So ironic! Or so hypocritical I should say! I thought they said I shouldn't even work on TN until EAD comes in mail!
 
Even if THEY didn't want you to work on TN after I-140, USCIS and USCBP know the regs and would approve you for another TN with no problem.
 
nelsona said:
Even if THEY didn't want you to work on TN after I-140, USCIS and USCBP know the regs and would approve you for another TN with no problem.
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Hi Nelsona, can you explain a little bit about what you mean that USCIS will approve for another TN aft an I-140. Would filing an I-140 constitute dual intent in this case?

Thank you.
 
I140 is owned by your employer. Theoretically they could file 140 without your consent. Therefore, 140 isn't generally considered immigrant intent. Check out Curious George's tn to gc thread where he quotes different memos on this.
 
More importantly, both USCIS and CBP have received specific instruction NOT to deny TN on the basis of I-140 filed or approved.
 
Hello Mister said:
I140 is owned by your employer. Theoretically they could file 140 without your consent. Therefore, 140 isn't generally considered immigrant intent. Check out Curious George's tn to gc thread where he quotes different memos on this.
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Can you or someone link to that thread from Curious George, or the memos? Is there a general consensus that an I-140 petition (filed or approved) should have no impact on future TN status applications?
 
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