TN visa after I-140/I-485 possible denial?

[Yupper]

was wondering if anyone had any ideas on my situation. I'm a Mexican
citizen presently working in the US after coming to school here on an
F-1 visa -> F-1 Practical training. I got married (legitimately) at the
end of my practical training. I then applied for an adjustment of
status so, I obtained an EAD which I've renewed for the last three
years or so.

Unfortunately, my marriage ended about six months ago before I was able
to get my GC but, I'm still on the EAD because the interview got
postponed a few times. Now, I received a notice for an interview in
*two
weeks* and my immigration lawyer said there was no chance of obtaining
my green card now since I got divoced. She said not to even go to the
interview and to instead get a work visa.

I talked to my employer and they are willing to do a TN visa for me
but, my lawer said that I might have issues going from trying to get a
green card to going into a non-mimmigrant TN visa. So,

1) What happens if I get the TN denied?
2) If I get a TN, do I need to leave the country and come back?
3) If I get a TN, can I switch jobs later?
4) Can I try to postpone the interview one again?

Thanks so much for your help!

 

[curiousGeorge]

1) What happens if I get the TN denied?

You would be stuck in Mexico. You could try to apply for an H1b, or an L1 which allows for dual intent. But that could take months, and it depends on whether your company wants to wait that long.

2) If I get a TN, do I need to leave the country and come back?

When you get the TN, you don't have to leave. But you have to leave to apply. As a Mexican citizen TN's are done at the US consulate, in Mexico. You would have to go to Mexico for your interview at the consulate once you get an appointment.

3) If I get a TN, can I switch jobs later?

Each TN is specific to one job. To switch jobs, you'll need a different TN.

4) Can I try to postpone the interview one again?

First of all, how much time before your interview. Is it even scheduled yet? You can always try, there is no harm, in postponing. This may buy you some time to get the TN paper work in order.

My suggestion is that you go to the I-485 interview, and get officially denied. That should be easy. get a copy of the denial on paper. This gives you proof that you no longer have immigrant intent. Although you demonstrated immigrant intent, you're only hope is to bring the I-485 denial to the TN consular interview and show the consular officer you that you no longer have immigrant intent. It would help if you could also demonstrate financial and family ties back to Mexico. This is not guaranteed as your lawyer already mentioned, but if your case is made correctly to show that you no longer have immigrant intent, you might stand a chance of getting the TN. Ask him about my suggestion of getting proof of the I-485 denial before applying for the TN at the US consulate in Mexico.

If you were to apply for the TN before your I-485 was denied, then the US Consulate in Mexico would see that you have a pending I-485, and that demonstrates clear immigrant intent, and yout TN would be outright denied for sure.