L1 to TN: Is there a problem?

cdn69

Registered Users (C)
I am a candain citizen and am on L1 visa in the US since March 2004. I am changing jobs, so can I get TN visa? Since, I have already applied for green card and INS knows that my intention is to immigrate to the US, will they give me TN visa?

Thanks

AJ
 
bzuccaro said:
How far are you in the green card process? Are you changing employers?

If you have only submitted the labor certification, and/or the I-140, you should be ok for a TN with respect to any immigrant intent issues. If you have filed the I-485 for adjustment of status already then you may have trouble obtaining TN status.
My status could become current this week in April visa newsletter. My case was filed in November, 2004 in Montreal by my lawyer. My country of birth is India. I am not sure if I-485 has been filed.

Yes, I have accepted another offer, but if I get my GC approval in the next 30 days, my prospective emeployer will wait, otherwise they will sponsor my TN and then H1. Thanks for taking the time to answer my question. Appreciate it!

AJ
 
cdn69 said:
I am not sure if I-485 has been filed.

You need to find that out. Bzucarro is right, unless you've filed I-485, you can keep renewing your TN.

By your post, its not clear if your doing consular proessing or adjustment of status.
 
OK I just checked with my lawyer, I-485 has not been filed yet. So if I decide to abandon my GC application, is it OK for me to apply for TN visa.

One more question, is there any possibility that my I-140 can be taken over by my new employer once my H1 is approved. FYI my plan is to get TN and then apply for H1. Thanks for your comments.
 
cdn69 said:
OK I just checked with my lawyer, I-485 has not been filed yet.
....and since you're doing the consular route, you won't be filing an I-485. I-485 is only used if you would be adjusting your status from within the US.

cdn69 said:
So if I decide to abandon my GC application, is it OK for me to apply for TN visa.
Since you have not filed, and will not be filing, an I-485, you should get future TN's without any problems up until the time that your case is approved at the consular interview.

cdn69 said:
is there any possibility that my I-140 can be taken over by my new employer once my H1 is approved.
You are referring to AC-21 (a.k.a. portability of your I-140) which can only be invoked if you have an approved I-140, and your I-485 has been pending for at least 6 months. Since you will not be filing an I-485, you will not be eligible for AC-21.
But, since you are filing at the consulate, and as long as your original employer agrees not to revoke the I-140, then you can keep changing jobs until your green card is approved at the consulate, at which point you must go work for the employer that filed the I-140.
 
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