[SOS] TN extension with pending/approval of I-140

#1
Hello all,
i am wondering how many people have TN visa renewed recently while your I-140 is pending or approved.

i am asking because my attorney said "IT's high possibility that application for TN extension may be denied after filing of I-140'.
Here is her comment:

"
I think you might have misunderstood the quoted article. Essentially, the article indicates that “filing of an immigrant petition (i.e. I-140)” is only one factor to consider in TN extension adjudication. Meaning, the officer will need to evaluate both “filing of I-140” and other factors to decide whether applicant has abandoned her temporary intent to stay in the U.S.

This is different from saying that “filing of I-140” does not lead to finding of immigrant intent. Rather, filing/approval of I-140 does establish foreign worker’s immigrant intent, and then shift the burden to the worker to prove, through other evidence, that her intent is to remain in the U.S. temporarily. For example, submitting evidence of property owned in passport country or family remains in passport country may help the worker to undermine finding of immigrant intent.
Still, the immigrant intent is hard to rebut when you have a pending or approved I-140. It is hard to argue that one has no intent to immigrate to the U.S. but still ask employer to filing I-140 immigrant petition for her benefit. This is why I said there is high possibility that application for TN extension may be denied after filing of I-140.
:
 

nelsona

Registered Users (C)
#2
This is decided regulation, not up for debate. DHS/CBP/USCIS regs allow for TN renewal with I-140 approval. In fact, they DISallow denial of TN on the sole basis of I-140 approval. Full stop.

They don't look at "other evidence", other than if one has filed I-485.

Why is she trying to instill doubt in your mind. is she not familiar with the DHS memos which have been around for over a decade now?
 
#3
As nelsona already said, it is unfortunately some lawyers still believe filing I-140 shows immigration intent.
Here is a link to a different response from a lawyer.
https://www.hooyou.com/news/news021709tn.html
This is dated from 2009, so over 11 years old, but nothing has changed.

I read some of your previous posts. It appears your employer started your PERM, and TN expired in July 2020. Was it renewed?

Continue on your path to GC, since you are China born Canadian, you will need to wait until your priority date is current before filing I-485.

Just ensure you have enough time on your current TN (about 9 months to 1 year) before filing I-485 and stay in US while waiting for EAD/AP.
Also wait 90 days from last entry before filing I-485.
 
#4
Continue on your path to GC, since you are China born Canadian, you will need to wait until your priority date is current before filing I-485.

Just ensure you have enough time on your current TN (about 9 months to 1 year) before filing I-485 and stay in US while waiting for EAD/AP.
Also wait 90 days from last entry before filing I-485.
It's also helpful to try to switch to H-1B if possible. It makes all these issues go away. And you can always go back on TN later if you decide not to pursue the I-485.
 
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