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

Asked over 1 year ago - 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.

Additional information

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)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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)... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  3. Ian Edmund Scott

    Contributor Level 12

    Answered . I agree with my colleagues.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more

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