TN visa - Educational qualifications,Have approved I 130

J

jack10901090

Registered Users (C)
The employer in his ad has this for education.- It is a very broad eligibility criteria.Even if the employer issues me a letter where he denotes the NAFTA employment code for a mechanical engineer wile the CBP officer look at the original employer ad which has the broad educational criteria.I have an MS degree in Engineering from the US.
"Bachelor’s Degree in Engineering (preferred) or equivalent planning experience"

If I have an approved I 130, with the petition becoming current (hopefully) in the next three years will it be an issue.I hopefully will be applying for a 3 year TN.At the time of my TN application i will be owing my home in Canada and my family will be staying back until I feel comfortable in my new place.

I read online "When you submit I-485, you will no longer be allowed to renew or enter US on TN".If my petition becomes current at the end of my 3 year TN visa and I file my I 485 can I continue to work till my TN visa expires. What are my options once my TN visa expires?

Thanks,
Jack10901090
 
Last edited by a moderator:
Your job and education meet the TN requirments.

The fact that you have a pending I-130 should not be a problem, but be prepared to explain how unlikley this is to yeild an I-485. Technically, you can be denied entry on this basis.

If you should ever become eligible to file I-485 based on this I-130, you will need to make sure you have sufficient time left in TN (4-5 months) in order to file I-485/I-131/I-765 and sty in US until your get AP and EAD. Then you will be able to travel on AP and work with EAD. TN will no longer be an issue. This may mean renewing TN before filing I-485.
 
Nelsona,
Thanks for the reply.
Point 1
With regards to the qualifications can the CBP tell me that I am overqualified based on the position even though the employer may issue a letter with the NAFTA occupation though the job posting itself has a broader educational criteria.

Point 2
Technically I can have an immigrant intent only if I have a current petitition (F4 category) when I am applying for a TN visa.

but be prepared to explain how unlikley this is to yeild an I-485 This means that I can tell the officer my petition would become current anywhere in the next 3 - 8 years as I have no way of predicting how the cut off dates will move as my petition is in the F4 category filed in 2007. Am I correct and I read this online as below?
eg
The applicant was still eligible for a TN visa despite his approved I-130 petition. According to U.S. immigration guidance, an applicant for a TN visa may possess an intent to immigrate in the future. He or she may still remain eligible for the TN provided the applicant’s intent at the time of application for admission is to be in the United States only for a temporary period. See 9 FAM § 41.59 N5 and P. M. Morris, Exec. Dir., Admiss. & Passenger Prog., USCBP Letter (Apr. 21, 2008).

In this case, the applicant intended to enter the U.S. solely to pursue his employment opportunity. He could not immediately proceed with his green card application due to the immigrant visa backlog. If at some point in the future his immigrant case became current, he would depart the U.S. and complete his immigrant visa processing at the U.S. consulate in Montreal. This course of action would be consistent with and did not contradict the temporary entry requirements for TN status.


In the worst case scenario if my petition becomes current just 4 months prior to my TN visa expiring I will go through a similar exercise just as this one and hope to get lucky.Based on my TN approval I will file my I 485 from within the country or in case of denial I would need to relocate to Canada and continue with the GC process.
 
On point 2, an I-130 is an immigrant petition (just like I-140). The trouble for TN is that, unlike I-140, which both CBP and CIS have been issued speciifc directives to NOT deny TN approval or entry, there is no such directive for I-130.

And the other case you cite relies on the petitioner using consular processing, not I-485 AOS. Did you indicate consular processing when submitting I-130?
 
Nelson,
I have a Montreal case number.MTL2008XXXXXX so I guess it is consular processing.So with consular processing no I 485 is involved?

Please advise,
Thanks.
 
That is correct. Since you have requested consular processing, it is virtually impiossible for you to be considered to have immig intent, since -- by definition -- you will have to leave US to immigrate.

So, not even being "current" in F4 would make you ineligible for TN.
 
Nelson,
Thanks for all the help.

So, not even being "current" in F4 would make you ineligible for TN...so in that case I am not current in F4 right now so am I ineligble for TN right now.Please elaborate.

So when I am working in the US and when my case becomes current I would need to resign my job and relocate to Canada with my entire family.

What if I decide to become a full time student when my case becomes current and I am working on a TN visa? Can I become a full time student and then do I 485 within the US?

Would filing an H1B instead of a TN renewal be more useful.Are there any options for me to continue in the US without coming back to Canada?
 
C'mon. Read what I said.

YOU said earlier "Technically I can have an immigrant intent only if I have a current petitition (F4 category) when I am applying for a TN visa."

I said that not even this situation would imply immig intent. You are applying consular processing, so cannot be accused of immig intent.

So, rather than me clarifying any further, let's drop it. You can get TN now, tomrrow, and right until the day you return to canada for Consular processing -- which will be for a week or two only.
 
Sorry Nelson...& got it and thanks for the reply.

Once on a TN can I quit the consular processing route and adjust status internally in the USA.Please advise.

Thanks,
 
No. once on TN and just before your process is current, you can apply to have your process switched to AOS, if that is really what you want to do.

Personally, I would stick with Consular, unless I have a spouse needing to work.
 
nelsona said:
No. once on TN and just before your process is current, you can apply to have your process switched to AOS, if that is really what you want to do.
Click to expand...

This isn't the case. If you specify AOS on the I-130 and you want to do CP, then you need to file an I-824 with USCIS to transfer the case to NVC. In the other direction, on the other hand, USCIS does it for you. File the I-485 and if USCIS doesn't have the I-130 file, they'll request it from NVC. Why it doesn't work in the other direction escapes me.

Personally, I would stick with Consular, unless I have a spouse needing to work.
Click to expand...

For a family-based case, it probably makes sense.
 
You must log in or register to reply here.
Top