Applying for NAFTA professional job, while pending application

[midalake 0]

I would like to know if it is possible to qualify for a job in the United States, coming from Canada under the NAFTA agreement. Would this be a problem while there is a pending immigration case??? Please no guesses here, if you have some experience here I would like to know. Also if there are any moderators here, please let me know where I can find out more info.

Thanks Dave

[neiks 19]

Sounds like a question for Zyggy. He is former INS officer. He usually checks in now and then. Maybe try PM him for a quick answer.

[L_n_O 3]

ps fill out your profile....

[Lance27 19]

You will be denied a TN visa since you will have immigrant intent. If you were already in the US under the TN visa then you could adjust status as quite a few people have done from what I have read on the message boards.

I will look for the posts and post a link here.

This link is for people who are already in the US and adjusted status to permanent residency.

http://www.visajourney.com/forums/lofivers...php/t56637.html

Edited July 10, 2007 by Lance27

[Lance27 19]

OK I could not edit my post...

Heres Zyggy's post from June 4 ... Post # 11

http://www.visajourney.com/forums/index.php?showtopic=71363

[midalake 0]

Would these not be seperate issues??? I was looking for rules on the TN Visa but could not find any exclusions. Are you sure they can deny you for a proposed job???? even with strong employer language??

Thanks Dave

[Lance27 19]

If you read the eligibility requirments for a TN visa it clearly states Non-immigrant intent as one of the requirments.

[midalake 0]

I do indeed read that but..........the person is not trying to "immigrate" on the TN Visa........but may at some point on the CR-1 visa...........if they can prove the requirements and Job, and returm requirements, then why not??? Still looking for someone that might have applied????? Might be trying to split hairs here but the NAFTA/TN work allowance seems like it has strong guidance...........

Dave

[Lance27 19]

http://www.amcits.com/nafta.asp

To qualify for admission under this classification, citizens of Canada, at the U.S. port of entry, shall:

Request "TN" status.

Bring the original documentation and provide a copy of the applicant's college degree and employment records which establish qualification for the prospective job.

Provide a letter from the prospective U.S.-based employer offering him/her a job in the United States.

This job must be one which is included on the list of professions under NAFTA, Appendix 1603.D.1.

Pay a fee of US$50.

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with U.S. Citizenship and Immigration Services (USCIS) at the port of entry.

The "TN" status will only be granted if the period of stay is temporary.

Edited July 10, 2007 by Lance27

[Saddle Bronc 124]

If you read the eligibility requirments for a TN visa it clearly states Non-immigrant intent as one of the requirments.

How it actually works:

• if you try to apply for a new TN-1 (especially at a POE/PFI) after you have filed I-485 (because the old one expired and you hadn't gotten EAD yet, or you didn't bother applying for EAD--for the second case --), it will be denied
  
• TN-1 can be renewed by mail-in even with an approved I-140 (note: this is "petition for immigrant worker"). It is safe to travel on unexpired TN-1 when you have an approved I-140, even one waiting for interview @ Montreal--right up to the day before the interview.
  

Having actually gone from TN-1 to GC through employment....

For marriage-based immigration, cannot extrapolate the same. Almost certainty of denial with this type of immigration petition.

[Lance27 19]

Would these not be seperate issues??? I was looking for rules on the TN Visa but could not find any exclusions. Are you sure they can deny you for a proposed job???? even with strong employer language??

Thanks Dave

I missed this post somehow yesterday. You are ineligible for a TN if you already have a pending petition.

You are most welcome to try for a TN visa at the POE. However once they see that you have a pending petition you visa will be denied.

Good luck.

http://www.visajourney.com/forums/index.ph...st&p=246217

[Saddle Bronc 124]

I do indeed read that but..........the person is not trying to "immigrate" on the TN Visa........but may at some point on the CR-1 visa...........if they can prove the requirements and Job, and returm requirements, then why not??? Still looking for someone that might have applied????? Might be trying to split hairs here but the NAFTA/TN work allowance seems like it has strong guidance...........

Dave

If the CR-1 petition had not been already filed for you, the answer would be much easier. You could get the TN-1, then marry after in the US*** after 30-60 days on it, and then file full-package AOS (I-130/I-485/I-131/I-765); in theory, also possible to file I-130 for Montreal-issue CR-1 (only do this if you have a cent-percent guarantee of the petition taking less than the remainder of 1 year, and having no travel outside US until the interview) off a TN-1.

Existing CR-1 petition-->don't try for TN-1!

[warlord 73]

Pretty much as has been stated. A TN status is for Non-Immigration intent only. If you have filed for any other status or for any visa's that have immigration intent, then the TN status will be denied.

The only way you can apply for the TN status is to have no other status or any visa pending. So you would get the TN status, come over to the US and then if you wanted to, get married and then file your AOS etc and hope you get your EAD before your TN is expired as you will then not be able to apply for a new TN once you started the AOS. Again, you have then filed for immigration intent.

The other option is screw the TN status and just go with the CR-1 path. It's either one or the other...