Montreal embassy EB-2 interview wait time-Part 2

[TheMaverick 50]

49 minutes ago, TheMaverick said:

Hi Folks,

 

I am new to this group. Timelines as below

 

Perm filed: July 2021(priority date)

I-140 EB3: Approved on Feb 2022

NVC DQ: May 2022

Consular Processing: Montreal

Chargeability: ROW( current)

 

I have a few questions and hoping if someone can provide some guidance

 

1) For interview it mentions we need to provide latest employment letter. Currently I am on TN working for the same employer that filed my perm. The roles and responsibilities of my current job matches with that filed on the PERM. So how is this new employment letter going to be any different? Also because I work in the IT workspace, do we also need to show a client letter. I had to show that for TN interview.

 

2) Question pertaining to Intent due to administrative processing - One of the issues with TN is to not having dual intent. That was the reason why I opted for Consular processing. Unlike AP, in CP one shows intent when they actually go for the interview. So if the outcome of the interview is Admin processing, will I be able to enter the US with the current TN because now I have shown intent to migrate

 

3) My TN is valid till October 2023. Considering Montreal is processing Oct 2020 EB, I am not hopeful of getting an interview invite before my TN expires. Is it advisable to renew at the border or via I-129 with USCIS. I am a frequent traveler, if I-129 is filed, can I leave the US when the application is pending

 

Got my answer to point 3. I-129 should be applied from within US and no travel is permitted else its considered abandoned

https://www.govinfo.gov/content/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec214-6.pdf

https://bdzlaw.com/extension-of-tn-status

[farzady 42]

Is there anyone from what’s app group available here? If not we can create a new one. 

[samq26 2]

21 hours ago, TheMaverick said:

Hi Folks,

 

I am new to this group. Timelines as below

 

Perm filed: July 2021(priority date)

I-140 EB3: Approved on Feb 2022

NVC DQ: May 2022

Consular Processing: Montreal

Chargeability: ROW( current)

 

I have a few questions and hoping if someone can provide some guidance

 

1) For interview it mentions we need to provide latest employment letter. Currently I am on TN working for the same employer that filed my perm. The roles and responsibilities of my current job matches with that filed on the PERM. So how is this new employment letter going to be any different? Also because I work in the IT workspace, do we also need to show a client letter. I had to show that for TN interview.

 

2) Question pertaining to Intent due to administrative processing - One of the issues with TN is to not having dual intent. That was the reason why I opted for Consular processing. Unlike AP, in CP one shows intent when they actually go for the interview. So if the outcome of the interview is Admin processing, will I be able to enter the US with the current TN because now I have shown intent to migrate

 

3) My TN is valid till October 2023. Considering Montreal is processing Oct 2020 EB, I am not hopeful of getting an interview invite before my TN expires. Is it advisable to renew at the border or via I-129 with USCIS. I am a frequent traveler, if I-129 is filed, can I leave the US when the application is pending

 

I'm i your shoes. I'm on TN and my Perm is approved. I am also planning to apply for I-140 and CP route. I'm frequently crossing the border as my family in Canada. that is only my point of concern. How was your experience of crossing the border with I-140 approved and pending CP? Did they questioned about immigration and TN intent?  

thanks 

[TheMaverick 50]

1 minute ago, samq26 said:

I'm i your shoes. I'm on TN and my Perm is approved. I am also planning to apply for I-140 and CP route. I'm frequently crossing the border as my family in Canada. that is only my point of concern. How was your experience of crossing the border with I-140 approved and pending CP? Did they questioned about immigration and TN intent?  

thanks 

They never questioned me about the I-140 and intent. However, my travel record was extensive. I go to work and return to Canada by the end of the day

[New_123 18]

On 12/5/2022 at 9:53 AM, DrJh07 said:

She is Canadian so she didn't need her non immigrant visa stamped.

The first time she tried to cross to the border after graduating from a Canadian University to live with me in the US, they refused her entry because they were concerned that my wife was going to over stay her visit in the US.

Last time she crossed the border, it was just to visit me for a short period of time and most importantly she had a job in Canada so they let her in.

 

Thank you, @DrJh07  This is really helpful to know!

[samq26 2]

2 hours ago, TheMaverick said:

They never questioned me about the I-140 and intent. However, my travel record was extensive. I go to work and return to Canada by the end of the day

 

Thanks !! That's big relief for me.  

My lawyer suggested me to go via AOS route, he told if CBP knows that I applied for immigration, they may cancel TN. 

[TheMaverick 50]

1 hour ago, samq26 said:

 

Thanks !! That's big relief for me.  

My lawyer suggested me to go via AOS route, he told if CBP knows that I applied for immigration, they may cancel TN. 

CP should be the ideal route. On a TN you are allowed to have a future intent as long as the immediate entry is temporary. If CBP officer questions you need to tell them that you are doing CP and such will leave US for the interview in Montreal which is proof that your current entry is temporary. On TN AOS is very tricky, you will need good justification to say what changed that made you to proceed with AOS. Plus be mindful of the 90 day rule if applying for AOS. if you apply for AOS within 90 days it’s implied fraud. Also till advance parol is not approved you cannot leave the country

[Leeching Spouse 87]

2 minutes ago, samq26 said:

 

Thanks !! That's big relief for me.  

My lawyer suggested me to go via AOS route, he told if CBP knows that I applied for immigration, they may cancel TN. 

This is actually not true. An approved I-140 in itself is not grounds for denial of TN. If you apply for Consular Processing, it shows that your intentions are to adhere to the non-immigrant intent of TN, since you will actually physically be leaving the country prior to applying/receiving your green card. At least this is what was explained to me by my lawyers.

[Leeching Spouse 87]

7 hours ago, farzady said:

Is there anyone from what’s app group available here? If not we can create a new one. 

Let's create a Telegram group? 

[F2J_March 49]

Do anybody in this grp know if any of the FB applicants ( F3/F4/F2A so on) have received IL for jan? Spreadsheet has not been updated so wondering if they have recieved IL for jan 2023.

[F2J_March 49]

@fabio: Just checked the spreadsheet and looks like you have got an IL back in oct 2022 for Dec 2022. You have dq date and priotity date as April 2021 and I think thats not correct so Could you please update the sheet with correct date? Also, are you healthcare worker and  did you expedite the case?

Edited December 8, 2022 by F2J_March

[raisins 27]

Wow! I'm over the moon tonight (tears in the eyes type excitement here). After 22 months of waiting, we got our interview letter just a few minutes ago!

There had been a couple of slow months there, but this must mean they just cleared a whole bunch of backlog (almost 6 months).

 

I hope this means everyone else who has been waiting patiently will be getting some good news soon!

[Leeching Spouse 87]

5 minutes ago, raisins said:

Wow! I'm over the moon tonight (tears in the eyes type excitement here). After 22 months of waiting, we got our interview letter just a few minutes ago!

There had been a couple of slow months there, but this must mean they just cleared a whole bunch of backlog (almost 6 months).

 

I hope this means everyone else who has been waiting patiently will be getting some good news soon!

Congrats!! Were you DQ’ed in Oct 2020?

[raisins 27]

2 minutes ago, Leeching Spouse said:

Congrats!! Were you DQ’ed in Oct 2020?

 

Feb 2021. Exactly 22 months and 1 day. We knew things were speeding up, but we expected it to be at least another month or two.

This must be a REALLY good sign for everyone else. This forum has been some level of sanity through this whole process, so my immediate thought was, "I need to let VJ know!"

 

Hopefully, we will see some more posts in the coming days and see how far MTL got through the backlog.

[Leeching Spouse 87]

3 minutes ago, raisins said:

 

Feb 2021. Exactly 22 months and 1 day. We knew things were speeding up, but we expected it to be at least another month or two.

This must be a REALLY good sign for everyone else. This forum has been some level of sanity through this whole process, so my immediate thought was, "I need to let VJ know!"

 

Hopefully, we will see some more posts in the coming days and see how far MTL got through the backlog.

Thank you for sharing! And Congrats! Did the IL come in a physical letter or email? Seems like they usually schedule the interview for EB petitions at the end of the month
 

For those who got invites, please update Google sheet to help support our sanity… lol. 
 

https://docs.google.com/spreadsheets/d/14yZKxht6igwJPXPU0EehKmmN2hx1g3EchEuB5G0yNO4/edit#gid=0