Applying for TN while having an approved I-140

[Bunnito]

I keep hearing that "an approved employment based immigrant petition (Form I-140) ... does NOT impute immigrant intent." Is that true? Will one still be able to apply for a TN-1 if one already has an approved (though quite possibly useless) I-140 under one's belt?

[jomm81]

Very risky applying for a permanent residence while you are in TN.

I keep hearing that "an approved employment based immigrant petition (Form I-140) ... does NOT impute immigrant intent." Is that true? Will one still be able to apply for a TN-1 if one already has an approved (though quite possibly useless) I-140 under one's belt?

I think that is wrong, filing a I-140 is for permanent residence and that means you intent to immigrate. H1B visa is dual intent, that's the reason they are allow to apply for residence. In your case, if something is wrong, your chances of getting a new TN are very low. Remember that filing for a visa for residence could take several years, depending on several factors. You can get an approved I-140 but you still need to wait for the visa number, which takes a time, then you will need to file an adjustment of status, in the meanwhile you TN visa may expire.

[inadmissible]

"An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary"

https://fam.state.gov/searchapps/viewer?format=html&query=tn&links=TN&url=/FAM/09FAM/09FAM040217.html#M402_17_7

[newacct]

Immigrant intent means intent to immigrate during that particular stay. Having a petition filed for you just means you may intend to immigrate in the future, not necessarily that you intend to immigrate during that stay. However, it could raise suspicions that you want to immigrate during that stay, especially for a status that lasts a few years like TN. It's all in the immigration officer's judgment.

[marksa]

Valid TN with approved I-140, file sent to NVC for Consular Processing

I think that is wrong, filing a I-140 is for permanent residence and that means you intent to immigrate. H1B visa is dual intent, that's the reason they are allow to apply for residence. In your case, if something is wrong, your chances of getting a new TN are very low. Remember that filing for a visa for residence could take several years, depending on several factors. You can get an approved I-140 but you still need to wait for the visa number, which takes a time, then you will need to file an adjustment of status, in the meanwhile you TN visa may expire.

Hi,

I have a question, what if I have approved I-140 and my visa is available; I also have a valid TN status.
Does it mean crossing the border will warrant dual intent? if I have to travel out of the U.S.
Please kindly advise.

Thank you