Help needed.

See what is happening when your OPT is up (well just before as you will still need VSC and a employer letter for TN which you will need when you leave US and re enter to get TN) but no reason why you can't do both so work with TN whilst waiting for GC but if you move jobs it may have an impact on your I140

Thank You for your quick guidance.

To summarize - Does this mean, wait until OPT is close to expire, go for TN visa first, then see if I can apply I 140? Do you see any hope/chances (maybe slim or approximate) for RNs to file I 140/485 together in 2009 without any retrogression problems? Please advise.

Thank You for your quick guidance.

To summarize - Does this mean, wait until OPT is close to expire, go for TN visa first, then see if I can apply I 140? Do you see any hope/chances (maybe slim or approximate) for RNs to file I 140/485 together in 2009 without any retrogression problems? Please advise.

As it stands at the moment I seriously doubt they will accept 485 in 2009 due to the 800,000 that was filed in 2007 as they are still going through them and probably will be doing so for a lot longer. So would suggest getting sorted for TN and apply before your OPT expires and then get hospital to file 140. Be aware that there is no guarantee on TN although I haven't heard of any being refused but will depend on officer at point of entry. So make sure you have all documents sorted

Thank You.

Jbt,

Now that the TN is good for 3 years (you may want to discuss it first with your employers attorney though) you should think about getting your TN and visascreen in hand prior as you can't get a TN without it. The visascreen takes several months to get so I would get working on that soon. However, most speculate that the window opening for I485 filing may still take several years. You could get your I140 filed a few months after you get your TN and hope that retrogression lifts sometime in that 3 year period and then you would be able to file the I485. But the only negative is that I dont think you could ever travel to Canada until you have I485 filed since the I140 only states immigrant intent but is not the adjustment of status. Due to the economy, retrogression will not likely be the first item on the agenda for the new administration so expect a bit of a wait. But at least you have an option with staying with the TN so other than the limitations with having to stay in the US it is not bad. If you want to visit family it would be good to do it soon while you are still on OPT and don't have the travel restriction.

With the TN you can still file I140 and be able to leave the US as the TN as far as I am aware allows dual intent

With the TN you can still file I140 and be able to leave the US as the TN as far as I am aware allows dual intent

It does not have dual intent as the H1B does and this is due to the fact that the TN is non immigrant and the I-140 is showing immigrant intent. The H1B is dual intent since it is in the immigrant visa category. The reason the I485 is required to make these easier along with the I-140 is that this is the adjustment of status from non immigrant to immigrant. However, unfortunately it is not available at this time. And add to that you need to have a travel document filed which requires additional fees yearly in order to obtain advance parole to get back into the country when you travel. Unless things have changed this has been our experience. We were very cautious and did not even leave the country for quite some time when we were waiting to apply. I would definitely check with an attorney on this one though, as it is critical that the steps are followed correctly to avoid any potential problems. I would hate for the poster to have difficulties due to lack of information.

Agree the OP needs to check with a professional but my understanding is the TN will still allow you via a employer to apply for GC the only problem is you can not file 485 or advanced parole.