Help needed (I-140 while on TN)

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Member_2005

Registered Users (C)
I am canadian Citizen (living in Canada) and working in US. I commute daily to work. My 6 years on H1B expiring in January 20, 2006.
I was planning to apply for PERM now and get approval (But as I-140 can not be filed as visa numbers finished for this year) So I will have to switch to TN visa. Can I apply for I-140 while on TN. and then instead of I-485 go for Councilor process in Montreal Canada.
I would appreciate if someone can reply.
 
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Member_2005 said:
I am canadian Citizen (living in Canada) and working in US. I commute daily t work. My 6 years on H1B expiring in January 20, 2006.
I was planning to apply for PERM now and get approval (But as I-140 can not be filed as visa numbers finished for this year) So I will have to switch to TN visa. Can I apply for I-140 while on TN. and then instead of I-485 go for Councilor process in Montreal Canada.
I would appreciate if someone can reply.
Click to expand...
Hi 140 is nothing to do with visa availability.You can very well file 140 and if 140 is approved and 485 pending then you can get 3 years extension.good luck.
 
Thanks! for your quick response.
But my lawyer said that I140 can't be filed as no Visa numbers for this year.
My PERM application is almost ready to be filed.
How long it would take to get PERM approved.
How long would it take I140 to get approved after that.
I appreciate your reply
 
Your lawyer is full of sh*t. You can file an I-140 with no problems. YOU CAN NOT file the I-485 until there are visa numbers available.
I would not apply for a TN if it could be helped. TN does not allow dual intent to immigrate under the law. There are a few cases where people have done it successfully but it is very risky if not handled properly. Your lawyer is wrong about I-140 so what makes you feel confident about him or her handling a complicated case.
As for the time-lines it is very hard to say how long things will take. At least a year and most likely more. Counseler processing is faster usually but not if there are no visa numbers available. Since you are from Canada it could be likely that the visa numbers for Canadians will not be retrogressed in October.

You may want to consider AOS when the numbers are available and file the I-485 so you can get a EAD and AP to travel. There is not guarantee that when the I-140 is approved that the visa numbers won't be unavailable again or retrogressed.
Another option for you if your Perm is approved and the visa numbers are available YOU CAN file the I-140, the I-485 , the EAD and AP all at the same time.
 
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Member_2005 said:
Thanks! for your quick response.
But my lawyer said that I140 can't be filed as no Visa numbers for this year.
My PERM application is almost ready to be filed.
How long it would take to get PERM approved.
How long would it take I140 to get approved after that.
I appreciate your reply
Click to expand...

I'd be worried about a lawyer who thought visa numbers need to be available to file an I-140. The only application that you can't file unless your priority date is current is the I-485.

PERM applications can be approved in 1 week to 4 months.

I-140s seem to be getting approved faster and faster. Anywhere from 1 to 6 months.

mdh
 
I-140

Get your PERM first and then think of I-140 AND I-485
If your go for employment based GC then get your Labor Certificate first.
 
Thanks! "srignram" "grunggy" "mdh3000" and "JUSTGC007"
As I have 5 months of H1B time left...
If I apply for PERM and get it approved(on H1B) and then file I-140 (which could take 6 months). During this time I will have to Switch to TN visa.
whether this is doable or would hurt my case?
Later instead of I-485, I will go for Councilor process in Montreal canada.

Would anyone comment on this because I think that this is the only option I have...Any suggestions would be appreciated
 
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Hi

Member_2005 said:
Thanks! "srignram" "grunggy" "mdh3000" and "JUSTGC007"
As I have 5 months of H1B time left...
If I apply for PERM and get it approved(on H1B) and then file I-140 (which could take 6 months). During this time I will have to Switch to TN visa.
whether this is doable or would hurt my case?
Later instead of I-485, I will go for Councilor process in Montreal canada.

Would anyone comment on this because I think that this is the only option I have...Any suggestions would be appreciated
Click to expand...
Now this is bit getting comlicated.why not you get second opinion from Rajiv Khanna.If you feel it is really worrying matter then wait for your TN visa renewal and then start your green card process.Anyway you should consult a good lawyer.
 
grunggy said:
I would not apply for a TN if it could be helped. TN does not allow dual intent to immigrate under the law. There are a few cases where people have done it successfully but it is very risky if not handled properly.
Click to expand...

There is no extra risk, the procedure is just a bit more involved, and a lawyer who charges the same amount, doesn't want to be "more involved" than he can for the same amount of money as someone applying for a green card from an H1b. The statement "TN does not allow dual intent to immigrate under the law", is often misinterpreted. All this means is that once you've applied for your I-485, you are no longer eligible for a TN extension, so you need to use your EAD to work and your AP to travel. It doen't mean that you can't apply for a green card. After you apply for the I-485 you can't travel, until you get the AP. That's the only thing that people seem to screw up, but if you follow the procedure, you'll be fine. So don't make this seem so scary.

I applied for I-140/I-485 from TN status, and I even got an interview at the end, and I was approved without any problems. See my sig. This process is not all illegal, as some lawyers try to make you believe.

But none the less, you already mentioned that you want to go the consular route. I was just trying to make this point for the other readers.
 
Thanks! "curiousGeorge"
Here is my situation.(live in Canada and work in US...commute daily)
H1B:-Six years term expiring on January 20, 2006 (less than 5 months left)
Two employment adds already published 2 1/2 months ago and PERM application is ready to be filed.

If I apply PERM now(get approval in 2-3 months)

Then file I-140 and then during processing I will have to switch to TN visa....(Would I be allowed to Commute daily to work in US)

Later on TN apply for Councilor process

Please advice.....
 
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