Immigrant intent by signing the PERM document affecting future TN More options?

C

CanadianKam

Registered Users (C)
I know if a Canadian has had an immigrant intent in the past, he/she
will not qualify for a TN in the future. I am currently on H-1B and
my
company is pressuring me to apply for my I-140 in the middle of
restructuring and layoffs. To file for I-140, they need me to sign
the
PERM document which states something like I want to become an
permanent resident based on this job. To me this sounds like an
intention to become an immigrant.

I am concerned if I sign PERM and they apply for I-140 and in the
middle of the process, I get laid off, I won't be able to get a TN in
the near future. In my field, most jobs are contract jobs and
consulting firms prefer TN over H-1 (no cost for TN), not to mention
that they don't take over the sponsorship case. So if I get laid off,
my only choice will be TN jobs.


Does signing the PERM document constitute an intention to become an
immigrant? Or this intent is only established when I sign the I-485
application? An immigration officer at the US-Canadian border told me
that signing the PERM also constitutes the intention. But the
company's lawyer says otherwise (of course she wants to make money
and
doesn't care if I get screwed in case I get laid off during the
process).
 
The border guys will tell you that having an appartment in US is immig intent. They exaggerate.

PERM and I-140 are not immig intent. I-485 is.
 
CanadianKam said:
I know if a Canadian has had an immigrant intent in the past, he/she
will not qualify for a TN in the future. I am currently on H-1B and
my
company is pressuring me to apply for my I-140 in the middle of
restructuring and layoffs. To file for I-140, they need me to sign
the
PERM document which states something like I want to become an
permanent resident based on this job. To me this sounds like an
intention to become an immigrant.

I am concerned if I sign PERM and they apply for I-140 and in the
middle of the process, I get laid off, I won't be able to get a TN in
the near future. In my field, most jobs are contract jobs and
consulting firms prefer TN over H-1 (no cost for TN), not to mention
that they don't take over the sponsorship case. So if I get laid off,
my only choice will be TN jobs.


Does signing the PERM document constitute an intention to become an
immigrant? Or this intent is only established when I sign the I-485
application? An immigration officer at the US-Canadian border told me
that signing the PERM also constitutes the intention. But the
company's lawyer says otherwise (of course she wants to make money
and
doesn't care if I get screwed in case I get laid off during the
process).
Click to expand...


I am not sure what PERM document you are going to sign. The only document I signed for the PERM stated that the information that I was providing is true and correct to the best of my knowledge.

Regarding the imm intent: filing the I-485 application is an immigrant intent, not the PERM.
 
the filing of the I-485 is the only indication of immigrant intent. Nothing to worry about regading intent with PERM or I-140. In fact i got a new TN at the border while i had an approved I-140.
 
gunt said:
the filing of the I-485 is the only indication of immigrant intent. Nothing to worry about regading intent with PERM or I-140. In fact i got a new TN at the border while i had an approved I-140.
Click to expand...

Just to elaborate on gunt's statement. I-485 is the only documentary evidence of immig intent that the border could point to.

Of course, any statements to such effect: "I'm immigrating to US", evidence of marriage to an american living in US, etc, can be used at the border to conclude immig intent.
 
Thanks everyone for your replies and info.

Do you know how much time I have after I140 is approved and before I can apply for I485? The problem with my particular case is that I was born in Iran and the I485 for people with my ethnicity takes at least another extra year for name and extended security checks. I most probably will get laid off during the process.

:( Oh boy, I kind of miss Canada where the majority of people are colour-blind and don't care about your ethnicity!!! I really don't like the greencard because I may have to go back to Canada in the future. So what's the point?!! I don't understand why the company's lawyer insists so much to get me a greencard! It's all about the money here in the US! :confused:
 
There is no statutory limit on how long after I-140 is approved that you should file I-485. It could be years.

So long as the I-140 is still viable.
 
How about NIW? is it immigration intend by filing it?

Greetings,
NIW is self-petition, not filing by employer. could someone comment on it if it is considered immig. intend? My NIW petition has been proved, although I did got a TN at border after I filed NIW, but I am little worry about I-485 stage which I haven't file it. would it raise a red flag in I-485 process because I applied TN after NIW filing? Thank you very much in advance!
 
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