EB-EA, NIW and TN

[Ben E.]

Hi;

I am a Canadian citizen who already applied for both EB1-EA and NIW. I am on H1B and have been since the time of my application. However, I have found a new employer who will not support H1B but has no problem with TN. Can I get TN without affecting my I-140? I have been told, technically, that since I applied while on H1B, change to TN is OK!

Thanks.

Ben E.

 

[Alex Fisk]

It will not affect your I-140, I-140 may affect your TN

Filing for (or receiving) TN will in no way affect your I-140,
because that is ALWAYS for the FUTURE employment.

However, your I-140 may affect your ability to actually get TN:
you are now an intending immigrant, thus not eligible for TN in
principle. In practice, you may try TN as long as you don\'t
misrepresent the fact of I-140 being filed. Basically, if you
aren\'t asked at the border and your TN approved, fine. If INS asks and you say yes, TN has to be denied and you\'re inadmissible.
It\'s much easier for TN yearly renewal: that can be done by mail within the US, with INS normally having no chance to ask the question (they may, of course, look it up themselves or send an RFE, but usually don\'t). But first TN after I-140 filed may be tough.
I\'d be looking hard for H-1B employment in your place.