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What is the best visa option , to work in USA for a Canadian whose I-140 was approved as Indian citizen earlier in USA

Santa Clara, CA |

Company A applied for my I-140, and was approved while working on H1B as a Indian citizen. I left USA and became a Canadian. I am not sure if Company A cancelled my GC petition or revoked my I-140. Now I want to return to USA. What is the best visa category that I should try to apply. Will my TN be denied because company A applied for my I-140 and it was approved.

Will I be able to use the same Priority Date from my earlier GC application if I re-enter USA using a different visa, say TN or L1 ? Do I need a new LC , etc?

Attorney Answers 3

Posted

There is no new law for immigrants. There is not one on the horizon either. There is a talk on Capital Hill and by the Administration about some kind of an attempt to pursue a comprehensive immigration reform this year. Follow the link below for more information on the reform proposal. There is though a change in the regulations called Provisional waiver which allows immediate relatives of US citizens to seek an inadmissibility waiver for an overstay or EWI provided a number of specifically listed requirements are also met. Follow the links below for more information on these new benefits and to learn what we no so far about the Comprehensive Reform proposal.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

Not a relevant reply to my questions.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

how so?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Actually, you are correct. here is a relevant one:This is not a general question you ask. You are clearly in need of a legal advice. No problem, but not on AVVO. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

Asker

Posted

Anyone else want to help me with my first question at least - which visa is best suitable for me ?

Posted

Yes, if they are doing their job. CBP should deny your TN .. due to the fact that you have evidenced immigrant intent.

I would suggest an H visa ... which will start in October 2014.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

Just to get clarity - I-140 is filed by employer, so as an individual I have not shown a "immigration intent" before I file for my AOS (485), so why will my TN be denied ?

F. J. Capriotti III

F. J. Capriotti III

Posted

Sorry, it doesn't work that way. They filed the I-140 with your permission. How do we know that they had your permission? Because you provided them with personal documents (diploma, transcript, passport pages ... to mention a few.)

Asker

Posted

Thanks.

Posted

I agree with my colleagues.

The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

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