Help on TN visa situation

DYSU

New Member
#1
Hello All,
After reading many of the TN visa related post, I need your help in my situation.
We (me and my wife) have duel citizenship: Bangladesh and Canada and my Son is Canadian.
I was working in USA as a Research Engineering on O1 and my wife & Son O3 visa admitted in The USA as Bangladeshi. When the visa was approved, I did not get a Canadian passport or citizenship. Recently, I got laid off due to the COVID-19. Now, I am staying here on the 60 days grace period.
After coming to the USA, I applied concurrently I-140 (EB2-NIW) and I-485 (adjustment of status). But, my I-140 was denied and I made an appeal on June 06, 2020. Now, the appeal of I-140, and I-485 both are pending.

We are planning to start a new job in the USA as a postdoctoral fellow. So, I have some questions regarding TN visa application as a Canadian citizen.
(1) My employer will not make a petition or provide any sponsorship. What would be the possible way to apply for TN visa?
(2) Can I easily apply TN visa staying inside the USA?
(3) As TN visa is non-immigrant and not a dual intent visa, should I withdraw the I-485, and then apply for a TN visa.
(4) Are there any rules that I should go back to Canada and apply for a TN visa?
(5) The job offer letter would send to my current USA address. Does it affect the TN visa application?
Finally, I would like to ask your consultancy charge.

Thank you for your time and looking forward to hearing from you.
 
#2
I don't know enough outside TN on your current US filing process so will only comment based on standard scenario.

1. Find a job offer under engineer category, and ensure that you meet the proper education background as an engineer. You can find more info on TN job list and requirement online
2. You can apply to USCIS by filing I-129, but it's 3-4 months normally and they're being furloughed in August, so expect delays.
4. Alternatively, go to POE and apply at border
5. Offer letter is irrelevant to the TN application, you need a TN letter from your employer that's addressed typically to CBP or USCIS. Look up #1 on TN requirements.
 

DYSU

New Member
#3
I don't know enough outside TN on your current US filing process so will only comment based on standard scenario.

1. Find a job offer under engineer category, and ensure that you meet the proper education background as an engineer. You can find more info on TN job list and requirement online
2. You can apply to USCIS by filing I-129, but it's 3-4 months normally and they're being furloughed in August, so expect delays.
4. Alternatively, go to POE and apply at border
5. Offer letter is irrelevant to the TN application, you need a TN letter from your employer that's addressed typically to CBP or USCIS. Look up #1 on TN requirements.
Thanks
 
#4
It appears TN status is not appropriate for you as you already filed I-485.
Apply for a Canadian Passport. Nothing proves your citizenship better than holding a Canadian passport.
I recommend you seek professional legal advice as your situation is complicated.
The Law firm hosting this forum is listed on top right of this page.
 

DYSU

New Member
#6
It appears TN status is not appropriate for you as you already filed I-485.
Apply for a Canadian Passport. Nothing proves your citizenship better than holding a Canadian passport.
I recommend you seek professional legal advice as your situation is complicated.
The Law firm hosting this forum is listed on top right of this page.
Thanks
 
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