I129 Part4 NIW

XR777

Member
Hello,

I have an approved I140 through NIW.
If my employer file I129 for me to extend my TN, should answer Yes or No to the question #7: Have you ever filed an immigration petition for any beneficiary in this petition?

Thanks!
 

XR777

Member
So, even though my employer did not file the NIW I140 petition for me, but while filling the I129, I (my employer's HR person) have to check the YES box.
I have to convince them on this one.

Thank you nelsona for being always so helpful!
 

nelsona

Registered Users (C)
Well, THEY haven't filed an I-140, so THEY can answer as they wish. "no" would be true.

I think the wording used to say "Has an immigration petition ever been filed for any beneficiary in this petition?"

I wouldn't be worrying about this, since (a) it doesn't affect TN approval, and (b) in a sense it is 'better' if they truthfully answer no.
 

XR777

Member
Just to confirm that (a) it is OKAY for my employer to answer NO to this question; (b) even though, my employer answers no, it WON'T affect my TN approval. Do I need to disclose to USCIS separately that I have an approved I140?

Thanks again, nelsona!
 

nelsona

Registered Users (C)
If there isn't a question like the one I outlined above, there is no input from you on I-129. It's not your petition.
 

XR777

Member
Hello,

I have a few additional questions regarding filling out the I 129 form that I hope someone who has done it before can help me with. I understand this is my employer's petition, but since I am probably the only one that works there on visa or work permit, my employer's HR/legal department may not aware of/familiar with those issues. I am afraid that if they make mistakes, it may impact the petition.

P3: Alien Registration Number
TNers (Canadian) don't have this number, right? Just leave it blank.​
P4-1: If a beneficiary or beneficiaries named in Part 3. is/are outside the US, or a requested extension of stay or change of status cannot be granted, state the U.S. Consulate or inspection facility you want notified if this petition is approved.
Should I use Not Applicable since I am in the U.S. or leave it to employer HR/Attorney to fill out?​
P4-8: Did you indicate you were filing a new petition in Part 2?
Should I go with No since I got my first TN at the border of entry? If no, proceed to Item n#9​

P4-9: Have you ever previously filed a nonimmigrant petition for this beneficiary?
Since this is the first time my employer file this petition for me, should I answer be NO?​
If go with Yes, where to find the petition number when TN was obtained at the border of entry?​

P5-11: Dates of intended employment
Would it be okay to fill the up to 3 years duration as 01/09/2021-01/08/2024?

Thanks so much!
 

nelsona

Registered Users (C)
Alien registration number is for those who have begum the immigration process (ie.I-140/I-130) it has nothing to do with being Cdn or not. It is not a visa number.

You should be leaving ALL this to their lawyer. it is their petition.
 

XR777

Member
I have an approval I-140. Does it mean that I have an Alien registration number?

Okay. I have to trust my employer's HR/Legal department for the rest of the questions.
 

wagecuck3

Member
There should be an alien registration number on your I-140 approval notice. It starts with "A".
On my approval notice, it's inside the "Beneficiary" box.
 

XR777

Member
I just looked at the Form I-797 C, Notice of action. Inside the beneficiary box, it has my name, nothing else.
Other boxes: Receipt number, Case type, Received date, priority date, petitioner, notice date, page.
Nowhere that I can find the A-number
 

wagecuck3

Member
I just looked at the Form I-797 C, Notice of action. Inside the beneficiary box, it has my name, nothing else.
Other boxes: Receipt number, Case type, Received date, priority date, petitioner, notice date, page.
Nowhere that I can find the A-number
The I-797C is the receipt notice, so it doesn't have the A-number.
You need to look at the I-797 approval notice.
 

XR777

Member
No. In the I 797 form, in both the petitioner and beneficiary boxes are just my name, no A number, or any number. I am doing to check with my lawyer.
 

XR777

Member
My lawyer responded that an A-number is usually not issued on an I-140 approval notice when one indicates IV processing on Form I-140.
 

nelsona

Registered Users (C)
Very unusual to do IV (Consular Processing) when in already in US. Any reason your lawyer chose this?
 

XR777

Member
I remembered that IV was recommended as, under this procedure, the TNers are in a better position to argue bona fide nonimmigrant intent. Did curious George mentioned this in his post as well? I can adjust of status within the US even though I opted for IV in I-140. I have a long wait before the green card available to me.
 
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