I129 Part4 NIW

#1
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!
 
#3
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)
#4
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.
 
#5
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)
#6
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.
 
#8
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)
#9
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.
 
#10
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.
 
#11
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.
 
#12
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
 
#13
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.
 
#14
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.
 
#20
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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