I140 withdrawal request question

[jodanick]

Agnelson quote:As to this I-140 withdrawal, why was it being withdrawn anyways? Why do you feel that it will not lead to GC? Is it because you have left your sponsor, or is it simply the lawyers' wrong-headed belief that unless they withdraw the I-140, you can't get TN? Sounds like you've been thoroughly rooked in this process: Out of work and out of GC process.

What is GC anyway? It was simply my lawyers advised.He told me, the only way I could get TN is to withdraw my petition. In fact, I use the same employer for my TN.That is why I am so confused of the situation. Thanks

-- Thu Sep 24, 2009 4:24 pm --

Knowing that he is an immigration lawyer, I presumed, he knows everything..I paid him to do that and of course, I do what he said. I am glad that I found this site knowing that there are some people wanted to help and give some tips about this immigration laws and I am very thankful.

-- Thu Sep 24, 2009 4:59 pm --

The best way is to try and go ahead with my plans and from there, we'll see. Whew! sounds scary but I have to be positive. The only thing that scared me is because I was denied entry in the past as a visitor (not banned) and proof of ties they need if I wish to come back. I don't have to worry much because now I have all the documents needed for TN but once u had problem before, I am very apprehensive about the situation, but I am ready..

[agnelson]

What is GC!?! Before I answer that, you have some responsibility to know a little about how your process works. You don't let company and lawyers do whatever they want without your approval.

So, to recap, because you didn't know what was going on, your firm filed an I-140 for you, which was intended to lead to GC (Green card), then decided that they couldn't renew your tN, thus you are not working, and in the meantime, since you weren't working, you were not entitled to live in US, so next time you re-entered US you didn't have a place in canada, so were correctly denied entry as visitor.

Then the brilliant lawyers decide rather than learn about TN, decide to kill your I-140, which kills any chance of GC, but can't even do that right. So there you sit in canada, no job, no I-140, no TN documents, no clue -- for how long now?

Let that be a lesson to all you lawyer lovers out there.

[jodanick]

This is going to be my first TN, I never applied before. My I140 was filed 2007 approved as well as my I824. I decided to withdraw my petition because I wanted to go through TN and beside, I was told it isn't possible to do both since TN is strictly non-immigrant intent. It is also a change of plans for my family since we choose to live in Canada so, TN is the best option for me.
With regards to TN documents, I got everything. I brought up this discussion is to know how it will affect me while I have already I140 on process and how it will greatly affect me if withdrawn.
I got denied that time and I140 was not filed, it was a misconception that they thought I have immigrant intent because I have my parents and sister who lives there but they proved nothing.
The only ties I could bring along with my TN documents is I have a bank accounts, we have a house here in Canada and tel bills.

[Reba]

If you have a copy of hte letter your lawyer sent USCIS to withdraw the I-140, then include that with your TN paperwork.

I'm not even sure they do send out anything to confirm withdrawls of petitions. There's no refund on fees paid or anything, so they probably just stuff it in a dusty file and move on to the next thing on their desk.

[agnelson]

jodanick, if you don't mind me asking, what were the circumstances that a firm would be willing to file an I-140 for you when you weren't working for them, when it would havebeen quite simple, since you were Cdn, to have you come work for them first? And, once you filed, what now made you and the company decide that you now needed to work for them?

This might give a clue as to why you are so pessimistic about the chances the GC process was going to work for you. Your lack of information on how to proceed from TN to GC has really hurt you!

You and your lawyers need to read this:
http://forums.immigration.com/showpost. ... ostcount=2

before they screw up someone else'sl ife.

[jodanick]

I filed my I140 when I was still in Chicago while visiting my family. You are right, it would be simple if I enter as a TN. but since, I got denied entry while visiting, and obliged to stay in Canada, we proceed the process until it got approved. I never thought of TN before so, I thought it would be easier to wait for the visa.
I am an EB3 caegory Schedule A for Nurses, perhaps they need me. They never gave me up till now, they are supporting what is best for me to do.
The information you gave me is what I understand is that people who are already TN holders who want to file for I140 to AOS/I485. This is my first time application for TN, not even tried one yet. If you said, it would be possible for the first timer like me then, good thing to know that especially I have already I140 approved as well as I824. Some says, I am in a good position because my application is going CP but some others not. They said if withdrawn, slim chances are... Thats why, your opinion is greatly appreciated.
SInce my lawyer started the withdrawal though no reply yet, then acccording to you, I would have less chances to denial. Thanks

[agnelson]

The reference I gave you applies just as easily to someone getting a first TN after I-140 is filed as it does to someone getting TN renewals after I-140.

You would have had years to wait before getting Green card, even by consular processing, so the cancelation of your I-140, now done, is not worth worrying about; they can always reapply. What was troublesome is how you were not aware of the TN possibility, and that the employer was not aware either, and that once made aware, they decided to prevent you from getting TN for a very long time.

the point you and your lawyers need to understand is that having an I-140 filed, approved, cancelled, about to be cancelled -- or whatever -- will not in itself prevent you from getting this TN or future TNs.

And just for future reference, just because you were denied entry once for some reason, does not mean you were barred from returning when you had satisfied the entry requirements. You were not locked out of US.

[jodanick]

This is charged to experience..without this information, I never learned and found out behind this immigration policies. The people who have the background experiences are the most trustworthy people because they have been through this process.
I would probably do what you suggest. I will ask my lawyers letter and then, I will bring it along with TN documents..Thank you

-- Fri Sep 25, 2009 11:44 am --

due to the fact that the officer at the POE/PFI is not aware of the NSC policy, or simply does not want to abide by it, since NSC belongs to USCIS and (s)he does not work for NSC nor USCIS, but rather (s)he works for CBP. More importantly, do not apply for a TN with a new company once you've filed an I-140, this definitely sets off a flag at the POE.


Does it mean, I can't apply for a TN with different company if I have already existing I140 on process, right? Thanks

-- Fri Sep 25, 2009 11:54 am --

Since my withdrawal is not definite, I considered my petition still active. Now, my employer in Illinois who provided me this letter for TN but I have also other prospect employer in VT since I am holding a Vermont license. I am thinking to use VT letter than Illinois for my TN, what do you think? The company who petition me is from Illinois, I hope you get my point here..Thanks