TN-NIW-immig. intend

Q

qingshangreen

Registered Users (C)
Greetings,
I have read many posts on this forum regarding TN to GC through Perm. It stated that because I-140 would be filed by employer so it wouldn't be consider immig. intend until applying I-485. My question is that NIW is self-petition, not filing by employer. would TN holder filed NIW be consider Immig. intend? .
My NIW petition has been proved, and I also got a new TN at border after I filed NIW. Now I am worry about I-485 stage which I haven't file it. would it raise a red flag in I-485 process because I applied TN after NIW filing? Especially, now I have to wait the visa bulletin become current and I might have to apply multiple TNs down the road. any comments would be sincerely appreciated.
Thank you very much in advance!
 
Is it OK for my husband To apply TN again?

My husband is also under TN. He is thinking change to a new company. can he apply TN again as some people go through LC-GC have applied TNs before filing I-485? since I am the I-140-NIW petitioner, he would not be considered "dual intend", am I right? any comments would be deeply appreciated.
 
I-140 under any circumstances is NOT immig intent.

Filing I-485 is.

This also applies to hubby filing I-485 as your dependant.
 
thanks, Nelsona, I really appreciated your comments. Is there anywhere I can find the reference on this. I just want to make sure that there would not be any problem down the road.
by the way, if I switch to H1B, is there any travel issue I should pay attention during H1B process? once again, thank you so much!
 
The I-140 not being immig intent is a very old issue which has been put to rest, which I'm not about to search for again. Besides, you have already gotten new TN after I-140 filing, so the proof is already there in your case.


I-485 is the only filing which ends further TN approvals.

If you do apply for H1, you are free to travel, but you will have to go to the border to activate h1 after approval, while if you stay in US, it will become active immedaitely upon approval.
 
qingshangreen said:
Is there anywhere I can find the reference on this. I just want to make sure that there would not be any problem down the road.
Click to expand...

Read the second post on the thread below. At the bottom of the thread just above the "Glossary of Terms and Acronyms" you will find "Appendix C" which is a section of relevant quotes. A couple of them relate to to what you need, specifically “I-140 Filing Not Dispositive for TN” and also “NSC Backs Off I-140/TN Policy Change”


http://www.immigrationportal.com/showthread.php?t=152852
 
curiousGeroge, thank you very much for sharing your experience on your successful GC journey. It is very detailed and helpful. I really appreciated that.
one more question: My husband's I-140 application was rejected on Aug.2006. He had two TNs (for the same employer) at border since. Now my I-140 (NIW) is on, do you think it is OK for him to apply new TN for a new employer at border?
once again, Thank you so much!
 
How could an I-140 submitted by you, have any effect on a TN petition by your husband? The I-140 would not even impact your ability to get TN, much less his.

As has been stated here before (by me), only I-485 submitted by your spouse will result in denial of HIS TN application.
 
Last edited by a moderator:
You must log in or register to reply here.
Top