I-140 application and travel to Canada

Published

Hi Suzanne or anyone who knows. Advice pls.

I have 2 burning questions?

Once the I-140 has been submitted, can I travel outside of the USA, to Canada?

Secondly, since the retrogression is in effect, can Canadian nurses working in the US, apply and work with a TN, will waiting for I-140 approval, which from all I have read may take some time?

We are getting ready to submit the I-140 and want to know these answers before we mail it in.

Up Vote Up Vote ×

You do not submit the I-140, it must be done by the employer.

Having a pending I-140 does not affect your travel to Canada. A Canadian nurse can work in the US with the Nafta TN Visa as long as they meet the requirements for that.

The Canadian RN must have the TN Visa in hand to be able to work in the US, and that has to be obtained at the border, it cannot be obtained in the US. With things the way that they are right now, and if the I-140 was not submitted in July/August with the I-485, I would not recommend even submitting it at this point as it will not benefit you to submit it at this time. We are not expecting things to open up again for the I-485 for several years and things may change for you by then.

If asking me, I would just stick with the TN Visa at this time.

Up Vote Up Vote ×

Tks Suzanne

I am really confused about what is the next step to take. We have all the paperwork to apply for the I-140 including visascreen, employer paperwork, etc. since Sept 2007. We have spoken to a lawyer who is pushing me to submit the I-140 in order to get in line and apply for TN when my current OPT expires in July, but I am seriously not sure about that. She states that there are explanations that can be given to the to US regarding the I-140. I am saying 1-140 shows immigrant intent, TN is nonimmigrant. I'd rather go TN and wait for the opportunity to file both I-140/I-485 and not have restrictions on my travel or ability to work. Our18yr old is heading back to Canada to start university there this fall, which means we have to make a couple of trips there this summer to get him settled.

See my delimma? If I submit the I-140 now, that may be dicey.

On the other hand, my most pressing question and confusion is,by holding back my I-140 application am I pushing myself at the back of the line? I sometimes think what if the US immigra declares that for example, all who applied by 2007 can go forward or something like that,would I miss that opportunity. does it work like that? In my situation, am I missing or will I miss anything if I donot submit the I-I40 now and go TN until I things become current and I can apply concurrently?

Advice will be truly appreciated.

tks

Up Vote Up Vote ×

I am not an immigration attorney, but we do not expect to see things open up for the I-485 submission for a few years. Having the I-140 submitted now will not make things any different for you when the open window occurs again.

Having the I-140 submitted ahead of time does not make any difference when it comes to submitting the I-485 when they are accepted.

If this attorney is pushing you, suggest that you speak with another attorney. You are already covered with the TN visa at this time.

Up Vote Up Vote ×
I am not an immigration attorney, but we do not expect to see things open up for the I-485 submission for a few years. Having the I-140 submitted now will not make things any different for you when the open window occurs again.

Having the I-140 submitted ahead of time does not make any difference when it comes to submitting the I-485 when they are accepted.

If this attorney is pushing you, suggest that you speak with another attorney. You are already covered with the TN visa at this time.

Tks Suzanne. The attorney is giving me the impression that the earlier I submit the I140, at least my application is in and all I have to do is wait . Which I know is correct, but to me (which he has not told me) it sounds like once I do that , (a) I may not be able to travel outside of the US,(b) I may jeopardize my TN application later on (3) I may not be able to work in the meantime. Is that correct?

Say someone who applies or have applied for an 1140 and gets approved and is waiting, and I, who waits as I think I may do, go TN in the meantime and submit my I140/I485 when things do open. The only thing then is that I may have to wait longer for the actual GC, as the other person's I140 has been submitted ahead of time and approved already? Right?

You advice is always appreciated, Suzanne.

Up Vote Up Vote ×
Tks Suzanne. The attorney is giving me the impression that the earlier I submit the I140, at least my application is in and all I have to do is wait . Which I know is correct, but to me (which he has not told me) it sounds like once I do that , (a) I may not be able to travel outside of the US,(b) I may jeopardize my TN application later on (3) I may not be able to work in the meantime. Is that correct?

Say someone who applies or have applied for an 1140 and gets approved and is waiting, and I, who waits as I think I may do, go TN in the meantime and submit my I140/I485 when things do open. The only thing then is that I may have to wait longer for the actual GC, as the other person's I140 has been submitted ahead of time and approved already? Right?

You advice is always appreciated, Suzanne.

The bottom line is that the I140 does not give you status to work or live in the US without any other status. You have no option at this time once your OPT expires but to either leave the country and file I140 or get a TN and wait for things to open up for the I140/I485. The I140 only is stating that an employer is willing to petition you and it gives you a priority date but it is also important to remember if you overstay your visa you have the potential of being barred from this the US for as much as 10 years. It is not only that you can't travel but you can't even live here without some status besides the I140. And unfortunately you can't do the TN and I140 at the same time. Once you apply for the I140 you also open yourself up to being denied for a TN. As Suzanne has mentioned many times before there are attorney's out there who don't care whether this is in your best interest because they get paid whether your petition is approved or not and whether you are able to stay in the country or not. In your position I would definitely get a TN if you want to stay in this country. Your son or daughter could always come and visit you in the US. We did that for quite some time having family visit us and attracting them to sunny Arizona was not hard to do. There is also a potential down the road that premium processing for I140 may return so when the doors open up again that may be an option. I have also noticed that those that applied for I140 electronically had their petitions approved very quickly so you may want to consider that when the time comes.

Up Vote Up Vote ×
The bottom line is that the I140 does not give you status to work or live in the US without any other status. You have no option at this time once your OPT expires but to either leave the country and file I140 or get a TN and wait for things to open up for the I140/I485. The I140 only is stating that an employer is willing to petition you and it gives you a priority date but it is also important to remember if you overstay your visa you have the potential of being barred from this the US for as much as 10 years. It is not only that you can't travel but you can't even live here without some status besides the I140. And unfortunately you can't do the TN and I140 at the same time. Once you apply for the I140 you also open yourself up to being denied for a TN. As Suzanne has mentioned many times before there are attorney's out there who don't care whether this is in your best interest because they get paid whether your petition is approved or not and whether you are able to stay in the country or not. In your position I would definitely get a TN if you want to stay in this country. Your son or daughter could always come and visit you in the US. We did that for quite some time having family visit us and attracting them to sunny Arizona was not hard to do. There is also a potential down the road that premium processing for I140 may return so when the doors open up again that may be an option. I have also noticed that those that applied for I140 electronically had their petitions approved very quickly so you may want to consider that when the time comes.

you and Suzanne have really clarified things for me. You are right on the attorney issue, at least in my situation. I was called and emailed to pay the fee and they can submit the I140 me. But I wanted the clear picture before I made that decision. I am glad I did. It sounds like TN gives me the most options at this point.

Up Vote Up Vote ×

Good luck. :innerconf

Up Vote Up Vote ×
+ Join the Discussion