I am no longer Curious!!! I am APPPPPRRRROOOOOVEEEDD!!!!!!!

ImCanadian said:
Hello,

When you say you were prepared that "filed I-140 was NOT proof of immigrant intent" !! what documents or paper work you had for them to explain ? Would you mind sharing those details please. This is very important for folks who is crossing border while on TN and they have filed I-140.
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I am looking for this info as well........can anyone help?
 
bobbyr1975 said:
I am looking for this info as well........can anyone help?
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I-140 Filing Not Dispositive for TN

A 6/18/96 letter from Yvonne LaFluer, (INS) stating that although the existence of an approved I-140 should not preclude admission under TN status, the inspecting officer can deny admission if it is determined that temporary intent is abandoned. Courtesy of William Z. Reich.
www.aila.org www.aila.org

The part that is relevant here is this section:
"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 if the alien’s intent is to remain in the United States temporarily."
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The I-485 however is clear immigrant intent. Hope this helps answer this question.
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I-140 Filing Not Dispositive for TN​

AILA Doc. No. 96061891 | Dated June 18, 1996
Jun 18, 1996
Mr. William Z. Reich
300 Delaware Avenue
Buffalo, New York 14202
Dear Mr. Reich:
This refers to your letter of March 7, in which you state that a Canadian citizen was refused admission as a TN nonimmigrant under the North American Free Trade Agreement (the NAFTA) because he is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker, and, therefore, could not establish that his entry was without the intent to establish permanent residence in the United States. You submit that a TN nonimmigrant may be admitted to the United States to complete a temporary employment engagement even though he or she is the beneficiary of an approved I-140 petition.
This office has oversight for the uniform application of immigration laws, regulations, and statute. It does not determine eligibility for specific nonimmigrant classification in individual cases. The determination as to whether or not an alien is eligible for admission or extension of stay as a TN professional must be made by the immigration officer at the time the alien applies for admission or extension of stay. Each application must be judged on its own merits. Nevertheless, we can provide you with a very general statement relating to the facts described in your letter.
At the present time, there is no specified upper limit on the number of years a citizen of Canada or a citizen of Mexico may remain in the United States in TN classification as there is with the majority of nonimmigrant classifications contained in section 101(a)(15) of the Act. However, the presumption of immigrant intent under section 214(b) of the Act is applicable to NAFTA professionals under section 214(e) of the Act (unlike that for H and L nonimmigrants who are no longer subject to section 214(b) of the Act). Accordingly, applicants for admission, extension, or readmission as NAFTA professionals will be subject to a determination by the Service of the applicability of section 214(b) of the Act to the applicant.
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 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 under the conditions as described in your letter, 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.
I trust this response has been of some assistance to you with regard to your question.
Sincerely,
Yvonne M. LaFleur, Chief
Business and Trade Services Branch
Benefits
(Courtesy of William Z. Reich)
Cite as AILA Doc. No. 96061891.
 
My I-485 was approved today, so I join the ranks of ex-TN'ers. Good luck to the rest of you as you pursue your careers.

Vital stats:
- 9 TNs approved from 2013 - 2022 (CSA category)
- Last entry into USA: October, 2021
- I-130 petition + I-485 AOS request submitted July 2022
- EAD received January 2023 (6 months)
- I-485 approved February 2024 (19 months)
 
Congrats @grant2 !

Wow that was a long journey! 2013 to 2024

For an update on my journey I recently became a US Citizen (or technically dual US/CAN citizen). I passed the N-400 interview with same day oath ceremony in Feb 2024. Applied for US Passport and waiting for it to be delivered.

My vital stats:
-TN in Sept 2015
-TN to H1B in Feb 2018 (approved after initial denial - that was when Trump was in power and many H1B denials)
-I-140 approved in June 2018 (PERM and I-140 started while i was still on TN)
-filed I-485 in July 2018
-GC in January 2019 (approved in person interview)
-US citizen in Feb 2024 (applied 3 months early, and approved 5 years after GC)

Total 8 and half years from start to finish.
 
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