ValenciaD
New Member
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.
:
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.
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