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dakshinabalu

Canadian can apply New TN Visa when H1B get Revoke Status due to LCA not filed by Employer, and Still Can Maintain I-140,Labor[GC]

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Hi Sirs

I am Canadian Citizen worked in TN Visa in 2007,2008 then got H1B in 2008 and working in H1B last 41/2 years got my I-140 and Labor for[Green Card] Approved in Septemeber 2010, got another 3 years Extension in Dec 2011. During my Job change from Dec 2011 to Feb 2012- from one job to other , my employer did not file my LCA before starting job, after I started working a month later Immigration Officer caught my employer because of did not file LCA, later he filed LCA and approved in Feb 2012, Now last week my employer got an I-797-E notice of revoke H1B and has to respond before April 4th 2013.

My Question is am Canadian CITIZEN, my current H1B if happened to be Revoke Status because of I-797-E , can I apply new TN Visa and start working ? if I get new TN Visa and start to work, whether my I-140 and Labor for Green Card approved in September /October 2010 still be valid ? still my Green Card Priority Date which is Dec 2010 got under EB2 category still valid , and be in the queue even if I change to TN Visa either with Same H1B Employer or Different Employer? Please guide me .

Regards

dakshinabalu

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I do not have a definitive answer to your question about being approved for a new visa following a revoked H-1B. (However, because the revoked H-1B visa would apparently be due to employers reasons, it may well not effect a future visa approval.)

What can say specifically with respect to a new TN visa is that the approved I-140 petition is a notable issue. A TN visa does not allow immigration (i.e. dual) intent, and an approved I-140 is a demonstration of immigration intent. Accordingly, a TN visa could well be denied for this reason.

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TN status does not allow for dual intent. Therefore, a petition to change status to TN (or an application filed at the port of entry) may be denied because of a pending green card application.

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