TN visa renewal with approved I-140

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avtarsingh

New Member
All:

I have an approved I-140 and will be sending in my TN renewal application in October 2006. I have been reading the forum and am grateful for all the information present here but have a few additional question. Any help will be appreciated.

On form I-129 page 1, part 2, question 3 and 4, should the answer be the receipt number (LIN-XX-XXX-XXXXX) from last year's approved Notice of Action since I am extending my visa from last year?

I wanted to know what box to check off on page 3 of the I-129 renewal form Question 7 where it asks "Have you ever filed an immigrant petition for any person in this petition". Should this be YES since the employer has filed an I-140 petition and if YES, what explanation is needed?

Also, for question 9, "Have you ever previously filed a petition for this person". Should this be YES since I renewed my TN last year before my I-140 was filed? And should the explanation be that they had last year petitioned for a TN visa for me?

As a final note, is the INS memo referencing the debate between an approved I-140 and non-immigrant intent available from somewhere in its entirerity to show my employer.

Again, thanks a lot for the help and support.

Avtar
 
Your lawyer should be able to get the original from AILA Infonet, if he is a member, but here is the quote:


"After considerable discussion between the Nebraska Service Center and AILA's NSC Liaison Committee, the NSC now indicates that the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial. The NSC, which has exclusive jurisdiction over TN applications made on Form I-129, had previously indicated that NSC adjudicators were being told to deny TN applications if an I-140 immigrant petition has been filed on the individual's behalf. The basis of the denial had been that the individual no longer has nonimmigrant intent."
AILA InfoNet, “NSC Backs Off I-140/TN Policy Change” (posted on AILA InfoNet at Doc. No. 02111431 (Nov. 14, 2002).



"The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay [under TN status] if the alien’s intent is to remain in the United States temporarily. Nevertheless, because the Service must evaluate each application on a case-by-case basis with regard to the alien’s intent, this factor may be taken into consideration along with other relevant factors every time that a TN nonimmigrant applies for admission, readmission or a new extension of stay. Therefore, while it is our opinion that a TN nonimmigrant may apply for readmission in the TN classification, if the inspecting officer determines that the individual has abandoned his or her temporary intent, that individual’s application for admission as a TN nonimmigrant may be refused."
Letter from Yvonne M. LaFleur, Chief, INS Business & Trade Services Branch
(posted on AILA InfoNet as “I-140 Filing Not Dispositive for TN” (June 18, 1996)).
 
CuriousGeorge:

Thanks for the information. Any help in answering the questions will be appreciated as well.

The username is different because I am logging from work and forget my password.

Thanks

Avtar
 
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