TN holder (I140 Rejected) - Planning to go on vacation

I am an India born Canadian Citizen working on TN, current TN is valid until April 2012. Planning to visit my Parents in India for 3 weeks.


- My employer applied for I140, but was rejected since the Labour was not meeting the criteria for EB2.

- Employer is in the process of starting over with a New Labour for EB2.


I am in dilemma whether to leave the US at this point or Not. Would there be any problem at POE (Airport) while re-entering? Also, in the Immigration entry form, do I have to declare that previously Immigrant application was filed and rejected if so what happens to my entry.

Please suggest me whether to leave or any other alternate options.

Thanks in advance

I-140 submission. approval or rejestion will do nothing to your TN eligibility. Only filing I-485 will,

You have a TN, no form will be filled out, and no form asks this question.

make sure you take a copy of your I-94 as your current one will be taken at airport when you leave. show copy to get new one on way back.

I believe filing I-140 is the intent of Immigration, whereas TN is temporary not a dual Intent Visa. Either on Airport immigration or Board when they scan my passport, wouldn't the I-140 filing comes up and they might question the Immigration Intent while on TN???

Please let me know if anyone had a similar situation as mine.

I-140 is specifically permitted for TN. Do you think I just make up answers.

I am not saying you'r making up, I am trying to get clarity on the rumors I heard/read. I appreciate your response. I have family (wife (canadian citizen) and 2 kids, 1 born in canada and the other in states), want to make sure I come back without any issues, if I get stopped/denied entry we will be in trouble.

Go to the immigration.com forum on TN, and search for "curiousgeorge". There is a detailed post on how someone on TN migrates to GC with no issues, regardless of ho long the GC process takes.