I-140 newbie --- pls. help ...

[mariano]

I appreciate your response to the following questions:

1) When companies apply for PERM, do they specify who they're filing the PERM application for? If they do, will this constitute immigrant intent on the part of the person named? How long does it take for PERM applications to be processed these days?

2) Someone on TN visa becomes ineligible for another TN the minute an I-140 petition is submitted on his behalf due to immigrant intent. If an I-140 had been submitted for an employee in the past and he later applies for a TN visa at the border, how will the NAFTA officer at the POE know about this current or previous application? Will it show on their computers at the POE?

3) If an employer files I-140/AP/EAD concurrently for the employee within the first 2 months of a new TN, will they be adjudicated in time before his current TN expires? How long does it take for I-140 to be processed these days?

4) If the petitioner is a multimillion dollar company and the beneficiary has BS degree and 15+ years experience, will the I-140 be approved? Will this qualify for EB2 category? The petitioner can demonstrate with credibility the need for the professional services of the beneficiary, as well as their ability to pay the prevailing salary.

5) Can a company file an I-140/AP/EAD for an employee and then file an H1B application afterwards for the same beneficiary?

Thank you for your help.

 

[curiousGeorge]

1) When companies apply for PERM, do they specify who they're filing the PERM application for? If they do, will this constitute immigrant intent on the part of the person named?

No, you are still eligible for a TN after filing PERM.

2) Someone on TN visa becomes ineligible for another TN the minute an I-140 petition is submitted on his behalf due to immigrant intent.

Incorrect. Simply filing a TN does not make you ineligible to get a new TN. You only become ineligible to get a TN once you've filed an I-485. The now defunct INS had a memo about this in 1996, and the Nebraska service center also had a memo. You'll find the links on the post I refer to below.

If an I-140 had been submitted for an employee in the past and he later applies for a TN visa at the border, how will the NAFTA officer at the POE know about this current or previous application? Will it show on their computers at the POE?

Yes, it may show, and therefore it is recommended to renew TNs via mail once you've filed an I-140, because the CBP officers don't work for USCIS, and they may have a different opinion.

3) If an employer files I-140/AP/EAD concurrently for the employee within the first 2 months of a new TN, will they be adjudicated in time before his current TN expires? How long does it take for I-140 to be processed these days?

Possibly not. Therefore it is advised to apply for the I-140 first. Make sure you get through all the RFE's, and get it adjudicated. Then apply for a new TN via mail. Then you can apply for your I-485, EAD, and AP, and you will get the EAD and AP before your TN expires.

http://www.immigrationportal.com/showthread.php?t=152852

I highly suggest you read the first 2 posts on this link. They are long, I know, but you'll get a lot of info from this. The first post is my personal experience, the second is guidance, explanations, and steps you should follow.

If you still have more TN related questions come to the TN forum. There are lots of great people with the same questions you are asking, many of whom have successfully navigated the process from beginning to end.


http://www.immigrationportal.com/forumdisplay.php?f=244

 

[DBEL]

Don’t forget that I-140 is submitted by the employer. Thus, the I-140 only demonstrates the intent of the employer.

The risk is when you enter the US, CBP inspector are free to ask all the questions in the world. The pending I-140 will show up on the system and that might give an inspector on which questions to ask.

 

[mariano]

Dear CuriousGeorge and DBel:

Thank you for your responses. I have been feeling kind of hopeless and helpless until I've read your responses. I feel a little bit hopeful now and will have some positive news for my wife and 3 kids tomorrow morning. I have printed CuriousGeorge's post from the link he posted, and will read it 100 times these next few days to make sure everything is etched in my brain. THANK YOU FOR THAT POST! I will also post a little background info on my situation later on to let you all know how huge a difference your postings are making to the future of my family.

Please, let me just clarify the following:

1) With all the retrogressions going on, would you still say that there's hope for someone on TN right now to obtain a GC without switching to H1B first? (I will apply for TN and EAD renewal by mail.) What if I lose my job while waiting for my priority date to file the I-485 --- will I be able to work for another employer using the same EAD?

2) I know that the I-485 is still 5 to 6 years down the road for me, but should I make it to that stage and get denied, will I have the option to stay and work with an H1b (assuming the laws will not change in the next 5 years)? Also, would it be possible to submit a new I485 if the previous one was denied?

3) We are in the process of renewing my dependents' TD visa through I-129 and it is taking so long (6 months and still no news). Is it possible that TN renewals by mail would also take this long? If it is, then will I be able to continue working for my current employer eventhough my current TN has expired?

4) Does credit history ever have any effect on the GC process? (I don't have any problems with FBI/DMV/Police records, but I had some financial issues a few years back, which I'm in the process of straightening out.)


Thanks again for your help.

 

[curiousGeorge]

1) With all the retrogressions going on, would you still say that there's hope for someone on TN right now to obtain a GC without switching to H1B first? (I will apply for TN and EAD renewal by mail.)

Yes. Retrogression should not cause a problem, as long as toy only file for the I-485/EAD/AP once your I-140 is approved, AND your priority date is current. If you don't meet both these criteria, and you file the I-485/EAD/AP you may have problems.

What if I lose my job while waiting for my priority date to file the I-485 --- will I be able to work for another employer using the same EAD?

You won't even have an EAD until you file the I-485 anyways, so your question is out of order. You'll be on a TN until you file the I-485/EAD/AP. If you lose your job after your I-485 is filed you can use AC21 if the I-485 has been pending for over 180 days, and your I-140 is approved.

2) I know that the I-485 is still 5 to 6 years down the road for me, but should I make it to that stage and get denied, will I have the option to stay and work with an H1b (assuming the laws will not change in the next 5 years)?

You can definitely apply for an H1b after the I-485 is denied.

Also, would it be possible to submit a new I485 if the previous one was denied?

You could file a motion to reopen the previous I-485. But I'm not sure if you could file a new I-485 based on the original I-140 and the original PERM. There would be better experts on this forum for that question.

If it is, then will I be able to continue working for my current employer eventhough my current TN has expired?

Its very possible they will take this long. But if you are in TN status at the time you filed the I-129, you have a 240 day grace period prior to the new TN getting approved, that you remain in TN status even if the ol one expires during this time. You can't leaave the country during te grace period but you can continue to work. Just always remember to file the "extension" when your current TN is still valid.

4) Does credit history ever have any effect on the GC process?

Shouldn't be a problem.