GC from TN Visa through EB3

#81
My only concern was adding another Process (I-129) in this whole situation, which can fail or delay in case of RFE.

Definitely, this will be the right way of going forward.
I'll talk to my lawyer about the renewing the TN by mail.
 

nelsona

Registered Users (C)
#82
There is no hurry right now in getting GC processed, the quotas are good (otherwise you would not even try CP - you would be filing I-140/I-485 on Monday), so get your TN, and then relax. Even if there is an RFE, you are never going to be denied TN at this point. 6 months from now, who knows.
 
#83
There is no hurry right now in getting GC processed, the quotas are good (otherwise you would not even try CP - you would be filing I-140/I-485 on Monday), so get your TN, and then relax. Even if there is an RFE, you are never going to be denied TN at this point. 6 months from now, who knows.

I called my lawyer couple of times and i did not get a response back as he was busy.
I emailed him the concern and suggested to file I-129 and then do I-140 PP. I never got a reply back.

But, withing a week, i did get the I-140 form in mail to sign and send. :rolleyes:
I called him up again and he explained that we are good on time and we don't need to waste time/effort for another process.
And we filed for I-140 PP. Got a RFE and sent in additional evidence.
I-140 is Approved Today (Got about 5 months left on the TN from now)
 

nelsona

Registered Users (C)
#84
So, was it filed with CP or AOS processing option?
Either way, I would now be filing I-129: PP if you are going AOS (and you need to wait the 90 days), regular if you are going CP.
 
#85
So, was it filed with CP or AOS processing option?
Either way, I would now be filing I-129: PP if you are going AOS (and you need to wait the 90 days), regular if you are going CP.
It was filed with CP.
Do you know how long does it take to get Packet 3 ?
 

nelsona

Registered Users (C)
#86
No idea. There are other tracking websites that deal with that. That is a topic for CP forums.
At least now you can get a TN any time you want, and travel any time you want until the Interview.
The only thing is the interview is all or nothing, which is why lawyers are reluctant to use.
 
#87
No idea. There are other tracking websites that deal with that. That is a topic for CP forums.
At least now you can get a TN any time you want, and travel any time you want until the Interview.
The only thing is the interview is all or nothing, which is why lawyers are reluctant to use.
My Attorney is against travelling to Canada on I-140/TN as its dual intent. Leave aside convincing him to file I-129 while on I-140.:rolleyes:
But i'll try again.

What i found about the interview is we submit the photo copies of all the documents and they check the originals at the interview.
Could there be more questions at the interview?
 

nelsona

Registered Users (C)
#88
Your atty is obviously wrong, but that aside, it is inconsistent for him to be so cautious as to not "allow" you to go to Canada with current TN, but he is willing to send you on an unsupervised interview.

In any event get up to speed on a forum that is CP-centric, like visajourney, to see what is in store for you. No point scaring you for nothing.

Repeat after me: I-140 is NOT dual intent, by decree specific for TN. I-140 CP is not dual intent by definition.
 
#90
Your atty is obviously wrong, but that aside, it is inconsistent for him to be so cautious as to not "allow" you to go to Canada with current TN, but he is willing to send you on an unsupervised interview.

In any event get up to speed on a forum that is CP-centric, like visajourney, to see what is in store for you. No point scaring you for nothing.

Repeat after me: I-140 is NOT dual intent, by decree specific for TN. I-140 CP is not dual intent by definition.

If questioned by an officer while crossing over to US, What should be the answer to "Why do you have a I-140 while on TN?".

What should be the best way of explaining it.
 

nelsona

Registered Users (C)
#91
Ask him to read his memos on I-140 (which he already knows), and that you are awaiting Consular processing.
https://www.hooyou.com/news/news021709tn.html
https://www.shihabimmigrationfirm.c...-a-pending-green-card-immigrant-petition.html
Consular processing avoids the immigrant intent problem
If your immigrant visa petition will make a green card available to you before your current TN status expires, you can avoid the immigrant intent problem by selecting consular processing outside the US on Form I-140 rather than adjustment of status in the US. The reason for this is because once you ask for consular processing, this virtually guarantees that you intend to depart the US before becoming a lawful permanent resident.
https://fam.state.gov/searchapps/vi...=TN&url=/FAM/09FAM/09FAM040217.html#M402_17_7
[QUOTE}9 FAM 402.17-7 TEMPORARY ENTRY

(CT:VISA-350; 04-20-2017)

The agreement encompasses only business persons coming to the United States temporarily. INA 214(b), therefore, is fully applicable to TN visa applicants. Chapter 16 provides the following definition: "Temporary entry means an entry into the United States without the intent to establish permanent residence." The department's regulation (22 CFR 41.59(c)) amplifies this definition to provide additional guidance. The essence of the requirement is that the alien is seeking "temporary" entry into the United States. You must be satisfied that the alien's proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. The circumstances surrounding an application should reasonably and convincingly indicate that the alien's temporary work assignment in the United States will end predictably and that the alien will depart upon completion of the assignment. An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. Repeated renewal of a TN visa that leads to extended stay in the United States, may still be temporary, as long as there is no immediate intent to immigrate.[/QUOTE]
 
Last edited:
#93
Renewing TN:
For GC through CP, the case is submitted to the consulate and the TN expires mid April. Looks like we are good on timeline.

I assume, we missed the window of renewing TN if required. is this Correct?
 

nelsona

Registered Users (C)
#94
As was said earlier, with Consular processing, you have no possibility of immigrant intent on any particular entry, so you can enter US on current TN, and presumably continue to renew your TN until your interview. If your TN is about to expire, simply file an I-129 to renew, and work under the grace period.
 
#95
As was said earlier, with Consular processing, you have no possibility of immigrant intent on any particular entry, so you can enter US on current TN, and presumably continue to renew your TN until your interview. If your TN is about to expire, simply file an I-129 to renew, and work under the grace period.
Perfect. Thanks @nelsona
 
#96
I cross the border every week or every other week.

Last weekend, my wife was driving me to US and the Officer asked her as to why did she not move to US as she got TD status.
I jumped in saying we are working on it and as she can't work on TD, she wanted to finish her school year in Canada (She's a Teacher).

That is when the Officer said, "She can apply for Work Authorization out there" and then let us go.
Also, i remember when she got the TD status, the officer mentioned something about getting the work authorization.

Knowing that you cannot work on TD, I am just curious, what exactly does he mean by getting a 'Work Authorization' on an TD visa ??
 
#97
Knowing that you cannot work on TD, I am just curious, what exactly does he mean by getting a 'Work Authorization' on an TD visa ??
You cannot work on TD status. Period. No idea why the CBP officer would say that, other than maybe she could obtain her own TN status or H1B status if she could qualify for them and find an employer to sponsor her.
 
#98
As was said earlier, with Consular processing, you have no possibility of immigrant intent on any particular entry, so you can enter US on current TN, and presumably continue to renew your TN until your interview. If your TN is about to expire, simply file an I-129 to renew, and work under the grace period.
Regarding renewing TN while on CP:
If by any chance the TN Renewal is rejected, will it jeopardize the Consular Processing as well considering i have a denied entry to US ?
 

nelsona

Registered Users (C)
#99
Depends for what reason., but poor TN paperwork would not cause this. Of course, loss of the job that you were going to fill after GC would come into play, if you could not hold the job while outside US.
 
Depends for what reason., but poor TN paperwork would not cause this. Of course, loss of the job that you were going to fill after GC would come into play, if you could not hold the job while outside US.
I am not clear on the "Loss of job" part. Can you please elaborate ?

Should we just hold off TN renewal and i head back to Canada and wait for interview?
 
Top