PERM certified on TN. Should I apply for I-140 if I am planning to go abroad during the process

S

sabih

Registered Users (C)
I am confused as whether or not I should apply for I-140 (being on TN) as I am due to travel abroad in a couple of months or wait until I return. I know that I-140 doesn't automatically imply immigration intent (as per the memos that I have seen) but is the risk worth it incase if some immigration officer doesn't entertain that idea. What are the possibilities?
 
What are you going to do? Stay in US 10 years while waiting to file I-485?

I-140 does not cancel or prevent future TNs. This is black-and-white directive to both CIS and CBP.

I-485 filing is so time-sensitive, that to delay any step of the process is risking years of waiting.
 
Thanks Nelsona for your reply. Actually I forgot to mention, I fall under ROW category on EB2 therefore I could file I-485 concurrently or just after the I-140 approval because of the travelling. But if I-140 won't cause a TN issue while coming back to US then I would rather go ahead and do that and file I-485 upon my return in January.

Not clear on what you meant in your last comment about I-485 thou.
 
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I was under the impression that the Perm/lc is valid for 180 days after being certified for I-140 filing. Could you please confirm if 60 days is the limit instead or was it a typo? Murthy's site states 180 days for the same: http://www.murthy.com/news/n_procha.html
 
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The perm is good for 180 days. My comment is in reference to fast-moving cut-off dates for various EB categories. I would never rely on a category remaining current, thus the need to file I-485 as expeditiously as possible. Since you are travelling in 2 months, you shoudl wait to file I-485 (not I-140) until after you return. otherwise I would be telling you to file everything today (I-140/I-131/I-765/I-485).

Now, I would say file I-140 taday and file all else the day after you return.
 
One last question if you don't mind is what would be an appropriate response to the CBP officer incase if they inquire about I-140 filing while on TN?
 
Tell him to read the memo that precludes him from denying you entry on TN based solely on I-140 approval.
 
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