Quote:
Originally Posted by mikeyyc
It's a near zero chance that an employer will get a labor certification done for a position filled by TN. Secondly the wait period once you're in EB status, if you get the cert done is measured in years, not months.
All of that doesn't change the fact that TN is a non-dual intent visa and you're essentially gaming the system by trying to get the I-140 and the certification in the first place.
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1) There are plenty of companies doing it. It's true that most companies, normally advised by lawyers who want to charge them for both a H1B case and a GC case (or even multiple H1B cases, given the chances of getting one, cling cling $$$$), go the conservative route and always want H1B first. It is not necessary, however, and asking never hurt anyone.
2) The beneficirary of an I-140 petition is the company, not the individual, so this is not in itself an indication of intent. A person with an approved I-140 can still renew TN status and enter the country on TN status without any issues. I know people who did this for years before becomning current to adjust status.
3) What is an indication of intent is the I-485, so the petitioner has to make sure he/she has enough time on the TN to get the employment authorization document and advance parole done before the TN is up.
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