Quote:
Originally posted by dimple2001
Dear Brian,
I'd like to put forth a scenario and solicit your opinion.
The individual, a Cdn citizen and living in Canada, is on her 9th year of H1B based on a still pending LC. Can she move to another employer and work for the new employer on a TN status?
(Resigning from the former employer would cancel out the existing H1B and the pending LC since the employer would no longer continue the sponsorship)
What if she has an approved I-140 and waiting endlessly for PD to become current for consular adjudication, and now, decides to abandon everything and move to another employer on TN?
Do you foresee issues moving to TN status since this individual had previously shown immigrant intent? Any other issues since prior US employment may have to be declared while applying for TN at a land POE?
Thank you.
Approved I-140 is not an immigrant intent, filing for I-485 is. Therefore, if she is willing to kill everything that is approved during her present employment, she will have no problem in getting another job on TN status.
Dear Dimple 2001 -
This reply is limited to adressing only the immigrant intent issues in your question with respect to a subsequent application for TN status.
If this individual has abandoned the green card application and the employer is no longer pursuing the GC on behalf of the employee, then the past L/C and/or I-140 should not present themselves as evidence of immigrant intent for purposes of denying a subsequent TN application. Of course, this doesn't stop CBP from asking questions or alleging that the individual possesses immigrant intent. The individual may want to have handy evidence that the G/C is no longer being pursued, e.g., evidence that the I-140 or L/C has been abandoned/withdrawn, a letter from the prior employer or a letter of resignation, and/or evidence of continued ties to Canada.
Hope this helps.
Location: Western Hemisphere
Posted on: 08-02-07 17:26:17
Brian,
Thank you very much for the reply. That was helpful.
Cdn dude,
Thanks to your response as well. I am not sure if I140 approval does not constitute intent since 140 is an immigrant petition. Anyway, thanks again.
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Dimple2001
Quote:
Originally posted by dimple2001
Brian,
Thank you very much for the reply. That was helpful.
Cdn dude,
Thanks to your response as well. I am not sure if I140 approval does not constitute intent since 140 is an immigrant petition. Anyway, thanks again.
Yes, I-140 is an immigrant petition, but it is filed by your employer, not you.
Also, I have received multiple TNs after getting I-140 approval through my previous employer.
