Clarification on TN vs H1

Hello Mister

Active Member
Hi -- I just wanted to get a clarification for my own understanding.

I read somewhere in one of the posts (a while back) that if you are on tn and you are ready to file for 140, make sure you have been in US for at least 45 days before you file or else they might deny 140 citing immig-intent.

In H1 though, if one is at the 140 stage, they can file for 140/485 (as appropriate) even a day after entering the US. This is because H1 allows for immig intent.

Is my understanding correct?

Thank you
 

nelsona

Registered Users (C)
It is never the I-140 filing that would call into question the validity of one's recent entries. It would be the filing of I-485.
And, yes, it preferable to file I-485 45/60/90 days (depending on which lawyer one talks to) after one's most recent entry, or mailed TN extension, but this is not absolute.
However, no such worry exists for those on H/L statuses , since these allow for immig intent.
 

fif

Member
That may lead me to a question, I am Canadian citizen working under TN status, am I eligible to apply for I-485?
 

nelsona

Registered Users (C)
Only if you have an I-140 pending or approved.

If you need more information. look at curiousgeorge postings, or start a new thread with a more incisive question.
 

fif

Member
Thank you Nelsona, Actually I did not even apply for one yet, as I am unsure if I am eligible to do so or not, this is why I posted it!
I will also look up what you just recommended!
 
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