I assume we need to submit a copy of all our visas if I140 is accepted. Does it make any issues if we have Canada PR or immigration visa in the passport?
Having Canadian permanent residency most likely will not become an issue for U.S. immigration when it comes to review a National Interest Waiver application. But there are additional implications that you might need to consider (1) how the Canadian authority perceives such application? Will it consider such as an intention to abandon the Canadian permanent residency? (2) if the National Interest Waiver application is denied, you will have a clear immigrant intent that may bar you from gaining future visitor's visa to the U.S. Therefore, carefully weighing your options will be necessary.
This communication is not intended as legal advice, and no attorney client relationship results. It is provided for general educational purpose. To visit my Manhattan office for consultation, please email me at ESQOLIVER@GMAIL.COM.
Having Canadian PR and moving to the US many jeopardize your Canadian status, but has no bearing on a US application.
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As my colleagues pointed out ... the US won't mind ... but Canada might.
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I agree with my colleagues. Please consult with an attorney to make sure that you are eligible for NIW petition.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
In addition to the information supplied in previous responses to your question, note that generally an Employment-Based Second Preference Visa Application with a Request in the U.S. National Interest to Waive the Labor Certification Process (an "EB2/NIW" application), with is filed with a Form I-140, merely seeks to have the USCIS deem a professional to satisfy the requirements in that visa category. Those cases can be quite complex to properly prepare and to support with persuasive expert opinion letters and other documents, and approval of this, alone, will not grant a visa for entry into the U.S. or for being able to reside permanently in the U.S. Instead, that is the first step in a two-step process for attaining Lawful Permanent Resident status (getting a "Green Card"), and the next step would be "consular processing" or "applying to adjust status."
It would be wise to engage an immigration attorney to learn all of the relevant information about you and your career achievements in order to be able to advise you about eligibilities, options and strategies, as well as any particular challenges and likely problems, in seeking to meet your goals, and also to represent you in preparing strong and persuasive application packages.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * email@example.com