Preparing I-140 for future employment - need help

D

DBEL

Registered Users (C)
My employer will be filling I-140 next month. I’ll be requesting CP and I don’t work for them yet. What supporting document should be included?

I’ll have:

Cover letter
I-140 form
Original Labor document
Education transcripts and evaluation
Letters of experience
3 years of employer tax filling

Do I need anything else?

My employer has filed for a new TN visa however it still pending. Is the TN application worth mentioning in the cover letter?

Thanks!
 
DBEL said:
My employer will be filling I-140 next month. I’ll be requesting CP and I don’t work for them yet. What supporting document should be included?

I’ll have:

Cover letter
I-140 form
Original Labor document
Education transcripts and evaluation
Letters of experience
3 years of employer tax filling

Do I need anything else?

My employer has filed for a new TN visa however it still pending. Is the TN application worth mentioning in the cover letter?

Thanks!
Click to expand...

TN visa is non-immigrant visa. Once you show immigrant intent your TN visa will become unusable. Some people opinion is that using TN visa after applying for an immigrant visa can result in denial of the case.

If you are not sure about what you are doing better to go through an attorney.
 
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As far as I can tell, you can apply I-140 without any problem while you’re on TN. The fact that I’m requesting CP reaffirms my intent of departing from the US.

Thus I have no intent on immigrating while being admitted on TN. It’s been debated many times and most Bombay H1B specialized attorney aren’t knowledgeable enough (or couldn’t be bothered) to understand or explain the process.
 
Tammy,
DBEL is 100% correct. Filing CP has no conflict with being on, or even applying for TN status. Bzucarro has confirmed this many times.
 
curiousGeorge said:
Tammy,
DBEL is 100% correct. Filing CP has no conflict with being on, or even applying for TN status. Bzucarro has confirmed this many times.
Click to expand...

I was just thinking about intent stuff. In Family based cases applying I-130 which will consitute the immigrant intent.
 
I see all these posts about “intent” when my question was about which document are required for filing my I-140? Do I need to include a copy of my passport?

As for the intent, the argument still holds true that if someone request CP (s)he MUST depart the US before immigrating. You will be going to Montreal or Vancouver. Thus one can, without a doubt, demonstrate that (s)he has non-immigrant intent AT THE TIME of admission.

If someone is admitted under a non-immigrant status and shortly after files for AOS, USCIS might suspect fraud. However if someone is under a non-immigrant status and later on decides to change his/her mind and file AOS it’s also Ok. At least USCIS will have the burden of proving your intent. The time between the admission and the change (or adjustment) of status isn’t found in any book, it might be a “rule of thumb”. To my knowledge, it’s something like 45-60 days.

It’s something a little more complex and many attorneys would rather crank out H1B’s.

Now anyone on this forum seen the actual documents that are filed along with the I-140?
 
Forgot to mention that there is something to be said that not all border officer understand this concept as well. Even if someone has good arguments and presents a good case to enter the US, the US officer has dictionary authority. In other words, if the inspector doesn’t buy your story they can refuse you entry in the US. Then again, they can refuse you entry just because…
 
No I guess your question about mentioning TN visa.

DBEL said:
I see all these posts about “intent” when my question was about which document are required for filing my I-140? Do I need to include a copy of my passport?

As for the intent, the argument still holds true that if someone request CP (s)he MUST depart the US before immigrating. You will be going to Montreal or Vancouver. Thus one can, without a doubt, demonstrate that (s)he has non-immigrant intent AT THE TIME of admission.

If someone is admitted under a non-immigrant status and shortly after files for AOS, USCIS might suspect fraud. However if someone is under a non-immigrant status and later on decides to change his/her mind and file AOS it’s also Ok. At least USCIS will have the burden of proving your intent. The time between the admission and the change (or adjustment) of status isn’t found in any book, it might be a “rule of thumb”. To my knowledge, it’s something like 45-60 days.

It’s something a little more complex and many attorneys would rather crank out H1B’s.

Now anyone on this forum seen the actual documents that are filed along with the I-140?
Click to expand...

No I guess your question about mentioning TN visa. That is when intent comes.

Any way add these things if they are applicable to you.

Notarized copy of Passport
Notarized copy of I-94 card (front and back)
All the Previous I-797
Copy of Credentials Evaluation for Foreign degree.
 
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DBEL when was your labour certification approved?

DBEL said:
My employer will be filling I-140 next month. I’ll be requesting CP and I don’t work for them yet. What supporting document should be included?

I’ll have:

Cover letter
I-140 form
Original Labor document
Education transcripts and evaluation
Letters of experience
3 years of employer tax filling

Do I need anything else?

My employer has filed for a new TN visa however it still pending. Is the TN application worth mentioning in the cover letter?

Thanks!
Click to expand...
 
I got an EB2 PERM LC approved in April and I just got confirmation that my 08/2004 EB3 was approved by DBEC. I files EB2 I-140 a few weeks ago.
 
DBEL said:
I got an EB2 PERM LC approved in April and I just got confirmation that my 08/2004 EB3 was approved by DBEC. I files EB2 I-140 a few weeks ago.
Click to expand...
Could you please give approval date of 08/2004 LC so that we can update the tracker? Was it the WI labor?
 
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