Can a TN1 visa holder file for I-140 and I-485
If there is a permenant employment offer to the TN1 visa worker from the same company where TN1 is working, can the employer/employee file I-140 and I-485 ?
Thanks in advance.. Jimmy |
Re: Can a TN1 visa holder file for I-140 and I-485
Originally Posted by Jimmy100
(Post 9330369)
If there is a permenant employment offer to the TN1 visa worker from the same company where TN1 is working, can the employer/employee file I-140 and I-485 ?
Ian |
Re: Can a TN1 visa holder file for I-140 and I-485
tricky thing is if the TN1 is close to needing a renewal because that won't be given if you've got intent to stay long term...case of possibly asking a experienced immigration lawyer on how best to time things if you plan to file I-485.
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Re: Can a TN1 visa holder file for I-140 and I-485
An I-140 filing by your employer has no bearing on your eligibility for TN-1, because the employer is filing (something you technically have no control over), therefore this does not indicate that you have immigrant intent (note if you're going for EB-1, an I-140 filing does indicate immigrant intent because you file the I-140 personally).
This is commonly misunderstood, even by a few CBP inspectors at POEs. The I-485 filing on the other hand does indicate immigrant intent, so obviously you should ensure that your TN-1 is unlikely to expire during the AOS processing, which isn't terribly hard to do given they can be valid for up to three years now. Basically just make sure there is a year left on your TN-1 before filing the AOS application. |
Re: Can a TN1 visa holder file for I-140 and I-485
Originally Posted by Steve_
(Post 9343100)
An I-140 filing by your employer has no bearing on your eligibility for TN-1, because the employer is filing (something you technically have no control over), therefore this does not indicate that you have immigrant intent (note if you're going for EB-1, an I-140 filing does indicate immigrant intent because you file the I-140 personally).
This is commonly misunderstood, even by a few CBP inspectors at POEs. The I-485 filing on the other hand does indicate immigrant intent, so obviously you should ensure that your TN-1 is unlikely to expire during the AOS processing, which isn't terribly hard to do given they can be valid for up to three years now. Basically just make sure there is a year left on your TN-1 before filing the AOS application. This is interesting. Would this logic apply to E-3 visa too - EB2 category? |
Re: Can a TN1 visa holder file for I-140 and I-485
Originally Posted by Steve_
(Post 9343100)
(note if you're going for EB-1, an I-140 filing does indicate immigrant intent because you file the I-140 personally).
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