Jimmy100

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

ian-mstm

I guess that depends on which visa you're hoping to get... but yes, the employer can likely file an I-140.

Ian

Bob

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.

Steve_

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.

E3only

This is interesting. Would this logic apply to E-3 visa too - EB2 category?

JAJ

The I-140 for EB1-C (the most common EB-1 subcategory) is filed by employer.