TN visa-non immigrant visa # on I 485

[law_info]

Hi everyone,

 

I'm filling form I 485 and have several inquiries.

 

I am on a TN visa which was issued by a U.S officer at port of entry so I don't actually have a visa stamp in my passport but have a paper including I-94 and TN together.

 

1.On the right side of the paper, I find departure # which has 11 digits. Is it an I-94 #

 

2. On the left side of the paper, there is word TN, underneath which is 5 digits. Is it a non immigrant visa # ?

 

3. What should I put in a box: "consulate where visa was issued": should I put location of port of entry or leave it blank

 

Thanks a lot

 

 

[catx]

To answer your first question, The departure number is the I-94 number.

 

Further, there are a number of questions / issues based on your post.  First, how are your filing a I-485 adjustment of status directly from a TN visa?  A TN visa does not allow dual immigrant intent, and thus you cannot file for an I-485 adjustment of status while on a TN visa.  Did your employer file a PERM labor certification application on your behalf that was approved and then file a I-140 petition?  When did your priority date become current?  Why weren't you advised that you needed to change to a H-1B visa to pursue permanent residency?

[Belle]

  A TN visa does not allow dual immigrant intent, and thus you cannot file for an I-485 adjustment of status while on a TN visa. 

That's incorrect.

[law_info]

Hi Catx and Belle,

 

Thank you for your response. I am on a TN vis  and I applying for a family based green card, not adjust directly from TN so I think there is on problem with this, right?

[catx]

Given your update post, there is additional information needed to answer your question.  What family relative (relationship) is sponsoring your immigration, e.g. father, mother ...?  Have they applied for, and received approval of, an I-130 petition for a alien relative for you, under what family based (FB) preference category?  What is your priority date, i.e. is it current (in the September 2013 Visa Bulletin)?

[pontevecchio]

It is  correct that the TN Visa does not allow Immigrant Intent.

[Belle]

The TN visa may not allow immigrant intent, however, I don't see any issues with filign I-485 while in TN status as long as you wait for 90 days after entry to the US on TN visa. You won't be able to re-enter on TN once the application is filed, so wait for AP for travel. No other info is really needed. AOS is just AOS in this case.

[naren_3456]

I applied 485 on TN visa. My TN is valid until 2016.

 

I am in EB2I and dates are current for me. my lawyer mentioned that we should not leave the country once we file 485. we don't get TN renewal/new I-94 as we showed the immigration intent.

 

as per my understanding if we are on TN and received EAD/AP approval, before leaving country we should move to EAD to use AP. while entering USA uscis will ask the status, if we say i have valid TN, they don't allow even we got EAD/AP approval. we need to update I-9 with EAD.

 

Anyone had different opinion?