Question about H-1B status back to TN (first time)

L

le04

Registered Users (C)
This is the sixth year of my H-1B, I am thinking to change the status to TN for the first time before my H-1B expires. My question is, I applied for EB2-NIW I-140 (self-petitioned) before and got rejected. Will this affect TN application? I remembered one item in Change of Status Form, it always asked whether you submitted an immigration petition before?

Thanks much for your advice.
 
A filed and/or approved I-140 is not a barrier to TN, so it is highly unlikely tahat a failed I-140 would prevent you from getting TN.

I would apply by mail (I-129) however, rather than border petition, since officers LOVE to reject TN when you have been in US for so long (although they are not supposed to).
 
Thanks

Really appreciate your reply. Just one quick question, for in future USCIS Form or border officer, if asked whehter I have applied for immigration in US, should I answer "yes" or "no"? Just want to know if there's a better answer. Thanks for help.
 
Well, on the I-129 I believe it asks if the petitioner (which is the employer) has ever filed an immigrant petition on your behalf. I-140 is an immigrant petition, so the answer is yes, if you are still working for the same employer.

If, at the boder, they ask YOU, if YOU have ever fileda an immigrant petition, the answer is NO, since you did not file anything for I-140.
 
Thanks for quick reply. The EB2-NIW I-140 I got rejected is self-petitioned, in this situation, I guess I should answer "No" for Form I-129, and "Yes" at the border.
 
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