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How can I get a TN visa after being on H1B and applying for I-140?

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  • How can I get a TN visa after being on H1B and applying for I-140?

    Hello, I am a Canadian citizen living in Canada and working for a US company. The US company got me an H1B visa and later helped get me PERM and apply for i-140. Currently, the I-140 is in pending status. The company is not doing so well financially and there is a good chance I may be laid off. If and when this does happen, I would still like to continue to work in the US for other American companies. I understand that applying for TN could be tricky for me as I have already shown immigrant intent. Can someone tell me what my options are in this situation? Any help or suggestions will be highly appreciated.

  • #2
    The good thing is that filing an I-140 does not show immigrant intent because your employer filed it and not you. Once you file I-485, its game over, however. There is a memoradum online about this. Print it and bring it to your interview. You should go to a POE that is very experienced and that does not have a large track record of denials, preferably an airport in Canada. Be strategic. The folks in NB are friendlier than in the big cities of ON, for example. If the officer is not very experienced and not up to date, he may deny you, so it's a risk you will have to take. You may ask to speak to a supervisor as a last resort.

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