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Advice needed: Is it possible to obtain TD status with approved I-140

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  • Advice needed: Is it possible to obtain TD status with approved I-140

    Canadian family lives in the US now. I work under H1B (with an approved I-140 sponsored by the employee) and my spouse works under TN. I have taken a job offered in Canada (with a better salary, career outlook, and retirement plan) and will resign my US job in a month. My spouse and kid want to stay in the USA for a few more years so my kid can complete his high school. I plan to drive between Canada and US every week as the new job in Canada is not far from my current home (rented, not owned) in the USA. I guess that TD could be the best option for me to do so. Although my US employer will close the sponsorship after I resign, I do have an approved I-140. Is it possible for me to get TD status? If it is possible, what kinds of documents could help me to get TD? Assume that I could get TD, is it okay to drive between US and Canada every week? Any suggestions are appreciated!

  • #2
    Hi there - Please provide some insights on that, it will help other people, thanks in advance.

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    • #3
      Is it possible? Yes. An I-140 is a job offer, nothing more. But if your priority date is current, it will be hard to be admitted. As the officer might think you'll simply adjust status to green card. (Which is not allowed for TN or TD.)

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