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I Am Afraid that the Free Trade Officer at the Canadian Border or the USCIS Service Center May Deny My TN-1 Extension (ZT)

changeit(growing)

I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do?

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A: TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent.

But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.

(#4711442@0)
Last Updated: 2008-9-23
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枫下茶话 / 美国话题 / 3年TN，直接申请美国绿卡 -newbuddie(就要登陆); 2008-9-22 {470} (#4710361@0)
Following is my plan. I would love anyone who can point out the fatal error, if there is any:

1. Get TN
2. Get sponsorship for and apply for PERM/LC.
3. Apply for I-140.
4. Waiting until Priority Date. I may change the job during this period. Once change the job, apply for new PERM/LC/I-140 again until priority date become current.
5. Renew TN, unless the old TN will expire 2 years late.
6. Apply for I-485.

By doing this procedure, one does not need H1-B.

When you file I-140, you are not eligible to get TN again. -sdrrcs(Bob); 2008-9-23 (#4710940@0)

That is incorrect. Only when you apply for I-485, you are deems to express your intent to permanent stay. -newbuddie(就要登陆); 2008-9-23 (#4711147@0)

I am a TN visa holder. Can I apply for permanent residence? (ZT) -changeit(growing); 2008-9-23 {663} (#4711418@0)
I am a TN visa holder. Can I apply for permanent residence?

Change your status to H1b before beginning the green card process if possible. This is the safest way to proceed. Then, when you go out of the U.S., you will have no problem coming in, because the H-1B holder is allowed to apply for permanent residence at the same time.

If you cannot change to H1b status, once you submit permanent labor certification application or immigrant petition, you cannot travel outside the U.S. Therefore, make sure the remaining period of your TN status will give you enough time to obtaint a working permit based on the filing of I-485 to work legally in the U.S.

Question: Why TN holder could not travel back once he/she applied for labor certification? Any substantiation? -newbuddie(就要登陆); 2008-9-23 (#4713900@0)

You could be not allowed to enter USA for Immigration Intent. Even you don't apply Green card you still have risk (very small) not being allowed to enter of bearing a TN. -changeit(growing); 2008-9-24 (#4715532@0)

To extend my question, in general, when TN holders cross border, are they subject to check the intent every time? -newbuddie(就要登陆); 2008-9-24 {327} (#4715608@0)
In addition, if a TN holder does not sitasfy the USCIS officer, surely he/she will be disallowed to enter into US. However, could he/she try again at different border?

Liturally and obviously, the officer is wrong because both LC and I-140 does not express the intent as immigration.

If one hold a TN visa, would it help?

I Am Afraid that the Free Trade Officer at the Canadian Border or the USCIS Service Center May Deny My TN-1 Extension (ZT) -changeit(growing); 2008-9-23 {1003} (#4711442@0)
I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do?

--------------------------------------------------------------------------------

A: TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent.

But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.

In this case, it would be better to renew TN within US, though one may try at border. -newbuddie(就要登陆); 2008-9-23 (#4712329@0)

At least one INS center denies TN renewals after I-140 is filed. If you are in other regions you might be lucky to get TN approved while I-140 is on file. -cerboros_redux(Cerboros Reborn); 2008-9-24 (#4715540@0)

you can try it. let us know it if you get any problems or troubles -peteryu(最受欢迎); 2008-9-23 (#4712011@0)
3 years TN is important because when you apply for I-485, you will need at lease 6 months valid TN status. Previous one year TN may defer your lodgement. -newbuddie(就要登陆); 2008-9-26 (#4720371@0)

@BC

I Am Afraid that the Free Trade Officer at the Canadian Border or the USCIS Service Center May Deny My TN-1 Extension (ZT)

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