Tn renewal with i-140 pending - urgent

D

danycanuck

Registered Users (C)
This is my case:

6 years on H1-B and then..

2 years on TN...

I am about to renew my TN for 3 years. I have read that a pending I-140 should not be a reason to deny my renewal, and if done my mail increases my chances of success.

My question is: If I answer YES to the question that says "Have you ever filed an immigrant petition for any beneficiary in this petition? (same employer since H1-B)

What should be my explanation?
 
Thanks for your answers. I spoke with my lawyer and he said he does not feel comfortable filling with his signature. Do you have any suggestions ? I can filled it by my own and my employer. What do you think?
 
I am at a loss as to why he "doesn't feel comfortable filing with his signature". So long as the petition is factually correct, why does he not want to file it?

Fire him.
 
danycanuck said:
Just like that ? No further explanation?
Click to expand...

Have you read my treatise?

If not, here is an excerpt from #2:

When renewing your TN using form I-129, the question that says "Has an immigrant petition ever been filed for you?", you must answer "yes", since at this point, an I-140 has already been filed by your company with your name on it. The company has indeed filed an immigrant petition, but this is not considered immigrant intent, since YOU did not file a petition yet. You can continue to travel and work using your TN.


Here is the link
http://forums.immigration.com/showt...PPPRRRROOOOOVEEEDD!!!!!!!&p=984692#post984692
 
Last edited by a moderator:
danycanuck said:
Thanks for your answers. I spoke with my lawyer and he said he does not feel comfortable filling with his signature. Do you have any suggestions ? I can filled it by my own and my employer. What do you think?
Click to expand...

This section seems relevant to your quandary, however I encourage you to take the time to read the whole thing.

Many people, even many qualified lawyers are under the wrong impression that a person in TN status cannot file for Adjustment of Status, simply based on the fact that TN status does not allow for dual intent. (See Quote #5 in Appendix C below) All this really means is that once a person in TN status has shown clear immigrant intent, they are no longer eligible to obtain or renew their TN and TD status. Another misconception is that an I-140 shows clear immigrant intent. This has been confirmed to be untrue by both the former director of INS and the Nebraska Service Center, since an I-140 is filed by the COMPANY, and not the beneficiary. (See appendix C below for all relevant quotes, especially quote #1) Only a pending I-485 shows clear immigrant intent, therefore once you have filed an I-485, you are no longer eligible for TN status.
 
Last edited by a moderator:
Just to clrify. I-140 is indeed immig intent. However, it has been deemed permissable immig intent by both CBP and CIS.
 
You must log in or register to reply here.
Top