Ok, the big question is if anyone has been successful to renew TN (through I-129 filing or border crossing) while they have filed a I-140 (not I-485). your feedbacks will be most appreciated
Search thru this forum and you'll find your answers. This topic has been discussed a few times already. A few people have done renewal of TN thru border crossing with I-140 pending and was successful. However, its advisable to do TN renewal through mail or service center as immigration officers are more knowledgeable on this type of issue than border agents, that an I-140 pending does not in itself a reason to deny an application for admission under TN status.
"The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN status] if the alien's intent is to remain in the United States temporarily. Nevertheless, because the Service must evaluate each application on a case-by-case basis with regard to the alien's intent, this factor may be taken into consideration along with other relevant factors every time that a TN nonimmigrant applies for admission, readmission or a new extension of stay. Therefore, while it is our opinion that a TN nonimmigrant may apply for readmission in the TN classification, if the inspecting officer determines that the individual has abandoned his or her temporary intent, that individual's application for admission as a TN nonimmigrant may be refused."
Letter from Yvonne M. LaFleur, Chief, INS Business & Trade Services Branch
(posted on AILA InfoNet as "I-140 Filing Not Dispositive for TN" (June 18, 1996)).
"the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial."
AILA InfoNet, "NSC Backs Off I-140/TN Policy Change" (posted on AILA InfoNet at Doc. No. 02111431 (Nov. 14, 2002).
