TN Renewal with a self-petitioned I140

[vivian123]

Hi,

I'll be up for the TN renewal soon and I have an approved self-peitioned I140. My PD is not current but will be close to be current at the time of renewal. I talked to a few lawyers and they gave me different answers regarding whether I can get a new TN under this situation. I wonder if anyone was able to successfully get a new TN with an approved self-petitioned I140? Thanks!

 

[nelsona]

First off, self-petitioned I-140 is rare, so don't wait for any first-hand experience.

Your I-140 is no different than any others, so you follow the same steps as any other TNer with an approved I-140: you ensure that you file I-485 Or switch to consular processing with at least 6 months left on TN.

 

[vivian123]

First off, self-petitioned I-140 is rare, so don't wait for any first-hand experience.

Your I-140 is no different than any others, so you follow the same steps as any other TNer with an approved I-140: you ensure that you file I-485 Or switch to consular processing with at least 6 months left on TN.

Thanks for the suggestions. "switch to consular processing with at least 6 months left on TN", I wonder if 6 months left on TN is the hard cutoff? My attorney checked "change of status" on my I140. My plan is to apply for TN extension when there's 6 month left on my current TN, and if not successful, I'll try to change to consular processing. Do you think it will cause any issues by doing that?

 

[nelsona]

Either way, make sure that you renew your TN before I-485 if you have less than 6 months left on current TN. This gives you time to get EAD to continue working. read over the thread at the top of this forum.