First TN with I140 approved.

G

godhelp123

New Member
Dear Friends,

I have a very important question. I used to work on H1B many
years back and have an approved I140 from one of
the old employers under EB3 India (priority late 2009). The old employer
still has not withdrawn the old I140 (It still shows active when I check the
case status). With passage of time, I have become a Canadian Citizen.
I want to apply in TN visa now, as US companies are more comfortable with
TN these days. Please give best advice if I should even apply for TN with an old approved
and active I140. Don't want to get into a bad situation at the border.

Thanks,
Godhelp
 
As per my understanding, with an active I-140, you should not see any issues.
Its only with an I-485 that you cant get the TN.

But, you might get some questions regarding your I-140 for which you should have some satisfying answers.
 
Thanks SS0033. One more question. The I140 which I have has priority date of July 2009 EB3 India.
According to visa bulletin the Date of Filing for India EB3 is Jan 2008 and date of final action is Nov 2006.
As there is not many year gap between my priority 2009 & visa bulletin (2008, 2006) would that create a problem ?
Thanks.
 
should not be a problem. you need to work with your potential employer and your employer's lawyer on the fine details of your situation.
please share what your employers lawyer recommends in your situation so we can all learn.
do you have a job offer? and they are recommending TN status for you?
 
Thanks Amberleaf, I am not having an offer from any new potential employer but I am
applying for new jobs these days. H1B was my preference, but looks like new employers
are not willing to touch/ or to do anything with H1B candidates these days because of
more scrutiny, more fees, more rfes, headaches etc on H1B. Very difficult situation. TN is still ok so far.
New Employers are still interested in TN, hence it leaves me no option but to try TN even with an approved I140.
 
ok. good luck with your job hunt.
i am on TN right now (since 2015), my employer applied for H1B last year, but I was not selected in the lottery. (or applied for change of status from TN to H1B)
my employer applied for H1B this year, i was selected in the lottery, (yeah!), but we got RFE this summer(speciality occupation). after responding to RFE, my H1B was denied in Oct. (urgh!)
my employer's lawyer is appealing the denial, and feels we should win appeal, but unable to say how long it will take (up to one year?)
so i am aware of the issues with H1B. very frustrating.
i understand there was some fraud with H1B and TN, so i am all for clamping down on fraud. but i don't like it when people with solid cases get caught up in the camp down.
i have four year engineering degree from Canada and working in engineering. this used to be "golden" situation for TN and H1B.
i am now worried about renewing my TN later in 2018 (if my H1B appeal is not decided in time). it appears they are clamping down on TN status as well.
if you have a solid case (employer, salary, education, etc) we should be fine.

after being here for more than two years and becoming aware of the long wait for GC for people born in India, I admire the people who stick it out for 10 years or more.
The US immigration system is broken. I hope the new administration will pass some immigration reform in 2018. (merit based or skills based). They have a DACA deadline of March 2018. We will wait and see what happens. fingers crossed.
 
Yes Amberleaf its tough. On the top of approved I140, I have one more complexity. Not sure if it is complexity though.
My education: Both my Bachelors and Masters Degree (Masters earned in USA) are in Mechanical Engineering. I work
in the field on IT (ERP Systems). Computer Systems Analyst NAFTA NOC code suits me most. As I dont have my education
degree in Computer Science, not sure if it will further complicate the situation. H1B problems these days is leaving me no
option, but to think about trying TN option and taking the risk
 
yes, i have read in other forums (like trackitt dot com) that having a degree in mechanical engineering and applying for a job in IT can be challenging. i understand you just need to show your recent work experience is related to the role you are applying for. (maybe others in this forum can comment on how this applies in TN status application as i have heard of the challenge as it relates to H1B)

good luck in your job hunt!
 
Amberleaf said:
The US immigration system is broken. I hope the new administration will pass some immigration reform in 2018. (merit based or skills based).
Click to expand...
Tbh, i think this needs to be taken with some perspective. Yes the immigration system needs some tweaking but I think quota based immigration is fair as no.single country floods the system. Today, at least 80% of H1 visas are used up by a single country already (i.e. using up majority of economic benefit) leaving a handful only for ROW.
 
Hello Mister said:
Tbh, i think this needs to be taken with some perspective. Yes the immigration system needs some tweaking but I think quota based immigration is fair as no.single country floods the system. Today, at least 80% of H1 visas are used up by a single country already (i.e. using up majority of economic benefit) leaving a handful only for ROW.
Click to expand...
I've read 73%, but 80 is close enough.
The immigration system as it stands could use tweaks to make it more efficient. There is a decent amount of fraud in the H1b program, and some of that appears to be seeping into the TN program as well. Overall, I'm all for whatever makes for a diverse immigration system rather than a few select countries flooding the system.
 
You must log in or register to reply here.
Top