Have Immigrant petition on file & applying for non immigrant work visa (TN)
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Posted on: 18-03-09 21:05:22
Quote:
Originally posted by cdn_dude
Quote:
Originally posted by Jack109
Also, FYI:
Whether you are eligible for a TN depends on your background and the position offered AND immigrant intent!
Keep in mind that the criteria for "intent to immigrate" is limited to the TN visa only. Basically they want to make sure that people don't abuse the TN status as a fast track to US GC.
So even if your sister has applied for a green card for you, that has nothing to do with your TN application, in terms of "intending to immigrate based on your TN status".
Again, it would be best to consult with a lawyer. The response you listed above is typical of the "Free Initial Consultation" lawyers offerbut in this case it will be worthwhile to hire one and get everything in order prior to applying.
Good Luck!
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Microsoft - Which end of the stick do you want today?
Quote:
Originally posted by DesiTiger
Keep in mind that the criteria for "intent to immigrate" is limited to the TN visa only. Basically they want to make sure that people don't abuse the TN status as a fast track to US GC.
-- Not only TN but all single intent non immigrant visas require the applicant to have a non immigrant intent.
Quote:
So even if your sister has applied for a green card for you, that has nothing to do with your TN application, in terms of "intending to immigrate based on your TN status".
-- Yes it does, the chances of negative impact on your TN application are there because of your I-130 application. If the I-130 has been filed for you, then the chances of denial are very much there. If I-485 is filed, then application will be rejected immediately - for sure!
I don't see any issue in regards to have I-131 in file.
If you haven't file I-485, go a head and apply for TN, it won't cost you anything if they reject it.
I have seen people getting approved on TN while I-131 is on file.
HTH
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Regards,
Thanks,Cdn_Dude,Shyboy & Desi Tiger.
When does the I 485 come into play?I am guessing when the priority date has been reached?
What happens if I decide to persue an MS program? I do not need any visa..The I 20 should suffice.
Thanks,
Jack109
Quote:
Originally posted by Jack109
Thanks,Cdn_Dude,Shyboy & Desi Tiger.
When does the I 485 come into play?I am guessing when the priority date has been reached?
---Yes, you can apply for I-485 only after your PD becomes current
Quote:
What happens if I decide to persue an MS program? I do not need any visa..The I 20 should suffice.
--- You will need the F1 status (not the F1 visa) which you can get at the border / PFI with all the necessary documents (including I-20).
FEB 2004 :Employer filed for H1-B in AR.
FEB 17 2004
1B packet was returned as quota of 65,000 H1B visas had reached
MAR 2004:Employer filed for J1 visa(no premium processing,takes upo 90 days).Also employer told me that they would file my H1B application in April 2004 that would commence in Oct 2004.
MAY 10'2004: OPT ended and I was informed that employer could not wait for 90 days until my J1 would be approved and that I could look for other postions in the company once the J1 arrives.This happened to me on my last day of work so there was nothing I could do and was pretty much in shock.Relocated to a friend's place in NE.
AUG 2004:J1 arrived in the mail with an approval date of July 24'2004 and simultaneously was intimated that my Canadian I visa / immigration approval was also in the mail.
SEPT 21'2004: Moved to Canada with my permanent resident card.
My stay was legal between May 10 2004 & July 24,2004 as I had a J1 application on file.Now when I have to apply for my I485 as I130 is done through family sponsorship how do I close the gap between July 24'2004 & Sept 21'2004.
Thanks,
