Have Immigrant petition on file & applying for non immigrant work visa (TN)
Jump to Page:
< Previous [ 1 ] [ 2 ] Next >
Posted on: 17-03-09 12:33:30
I have a priority date of July 2007 for Green card through my sister (family sponsorship) and would need to wait another 10 years.
I got my H1B stamped (Indian passport,dual intent work visa) on Sep 2007 which I never used and recd my CDN passport in 2008.
Am I eligible to apply for a TN visa (non immigrant visa) in the interim as I have an immigrant petition on file through my sister ?
Am I TN eligible?
Since you have an immigrant petition filed, your TN application -most likely - will be denied.
Quote:
Originally posted by Jack109
I have a priority date of July 2007 for Green card through my sister (family sponsorship) and would need to wait another 10 years.
I got my H1B stamped (Indian passport,dual intent work visa) on Sep 2007 which I never used and recd my CDN passport in 2008.
Am I eligible to apply for a TN visa (non immigrant visa) in the interim as I have an immigrant petition on file through my sister ?
Am I TN eligible?
Is it a rule by USCIS?
Quote:
Originally posted by Jack109
Is it a rule by USCIS?
TN is a single intent (intent of not immigrating) status. This should answer your question.
It really depends on how the Immigration application is being processed. My understanding is that family based sponsorship requires "Consular processing", which means you will have to leave USA to attend an interview at the US consulate in Toronto. This in itself is suffecient argument that your intent for applying for TN Visa is not to immigrate to the US as you will have to leave the US (for an interview) if your immigration application is approved.
I recommend that you check with a lawyer.
-----------------------------------------------------------------
Microsoft - Which end of the stick do you want today?
"You may be able to make an argument that you can still satisfy the temporary entry requirements for the TN based on the wait for your priority date. If your petition also indicated that you would be filing for an immigrant visa, then that would help. When applying for the TN, you should have evidence on hand to demonstrate this. Having filed for an H-1B in the past, in and of itself, should not be a reason for an officer to deny a TN. Whether you are eligible for a TN depends on your background and the position offered."
This is just an initial response subject to him knowing my case history and all the fine print.
Quote:
Originally posted by Jack109
"You may be able to make an argument that you can still satisfy the temporary entry requirements for the TN based on the wait for your priority date. If your petition also indicated that you would be filing for an immigrant visa, then that would help. When applying for the TN, you should have evidence on hand to demonstrate this. Having filed for an H-1B in the past, in and of itself, should not be a reason for an officer to deny a TN. Whether you are eligible for a TN depends on your background and the position offered."
This is just an initial response subject to him knowing my case history and all the fine print.
I never said that your TN will be denied because you have filed for H1B. In fact, the H1B application has nothing to do with your TN application. However, your intent to immigrate (family based GC application) could be an issue and hence there is a possibility of TN getting rejected. Also, FYI:
Whether you are eligible for a TN depends on your background and the position offered AND immigrant intent!
