Help needed.

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Hi Suzanne,

I'm currently working as a RN in TX on my F1 OPT valid until sep 2009.

I'm a canadian citizen, did my RN in US finishing it late aug.

I would like to pursue filing my GC with current employer who is willing to file it. With current retrogression scenarios described in many posts on this website, it seems to me that I cannot get my EAD before my OPT ends.

Should I file I 140 or go for a TN visa (as no one knows when and what will happen with retrogression) ?

Will it be better to be on TN for a while until I see some progress on the retrogression or should I go ahead and file I 140 in order to avoid further delays.

Please help, this is bit confusing to me.

Thanks!

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Specializes in Medical and general practice now LTC.

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

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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.

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Specializes in Medical and general practice now LTC.
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

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Thank You.

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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.

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Specializes in Medical and general practice now LTC.

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

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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.

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Specializes in Medical and general practice now LTC.

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.

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Specializes in CTICU.
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 H1B is dual intent, but it is not "in the immigrant visa category". It is most definitely a non-immigrant visa, with a limited renewal ability.

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Advanced Parole only comes into play once the i-485 has been submitted since one is then in a limbo category and is technically not under any visa. Just by submitting the I-140, this will not affect anything as one still has their visa category that they entered the US with intact.

This is the same way that many from other countries do come to the US while they are being petitioned under Consular Processing when they have their I-140 already submitted.

Until the I-485 is submitted, there is no issue with a Canadian or anyone else to leave the country and return as before.

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