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Does ETA-750 affect TN apply?-- Please help!

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  • Does ETA-750 affect TN apply?-- Please help!

    I am a Canadian citizen. I am working in USA under H-1B visa. My employer also filed the ETA-750 ( my employer singed the ETA-750A and I signed the ETA-750B ) for me and it is still in the Labor Certification stage.

    Now I was temporary laid off four weeks ago but my employer is still trying to setup a new project for me. At the mean time, another company, company B, they are willing to offer me a six months job under TN visa status, my questions are:

    1. Does the ETA-750 will affect the TN application? If the US border officer asks me do I have a green card application or do I want to immigrate to USA, what should be my answer, "Yes" or "NO"?
    2. If I am going to apply the TN visa, does this will affect my green card application and H-1B visa if the border officer found me that I got laid off?

    Thank you very much for your kindly help.

    Mark

  • #2
    I am a Canadian citizen. I am working in USA under H-1B visa. My employer also filed the ETA-750 ( my employer singed the ETA-750A and I signed the ETA-750B ) for me and it is still in the Labor Certification stage.

    Now I was temporary laid off four weeks ago but my employer is still trying to setup a new project for me. At the mean time, another company, company B, they are willing to offer me a six months job under TN visa status, my questions are:

    1. Does the ETA-750 will affect the TN application? If the US border officer asks me do I have a green card application or do I want to immigrate to USA, what should be my answer, "Yes" or "NO"?
    2. If I am going to apply the TN visa, does this will affect my green card application and H-1B visa if the border officer found me that I got laid off?

    Thank you very much for your kindly help.

    Mark

    Comment


    • #3
      You are in a serious situation. H-1B permits you to have "dual intent" which means you can be temporarily working here at the same time as you pursue your greencard through a labor certification 750A/B filing.

      TN is a non-immigrant visa without dual intent, which means that you have to intend to return to Canada at the time of getting the TN visa. If you tell the border official that you have a labor cert pending, it means you intend to pursue a green card, and your TN HAS to be denied. If you dont tell him, and you then go for your greencard interview at some later time (even years later), and it comes out that you entered into the US on a TN while a labor cert was pending, that is immigration fraud, and you may be permanently barred.

      My suggestion is that you should try to get another H-1B.

      You can also talk to the lawyers on this site. They have chats every Monday, Wednesday and Friday. www.ilw.com. The chat is free, and you can ask your question to several lawyers if you like for free.

      Comment


      • #4
        Hello, Thank you very much for your advice and help.

        But I learnt from other web sites that ETA-750 does not present the intention for immigration, only I-140 will cause the problem. is this right or not? Please advise again.

        Thanks,

        Mark

        Comment


        • #5
          Your signature on the ETA 750B form signifies your intent to take up a permanent job with the employer upon certification, and INS approval.

          As I said, ask this question directly to several lawyers at www.ilw.com's chats and you will get the exact same answer I am giving you. I do not ordinarily post at discussion boards, so I cannot pursue this thread, but you are in a serious situation, and would benefit from legal advice.

          Comment


          • #6
            Believe it or not - dual intent is possible under a TN visa. Although it makes no sense, you can sign one form that says you don't intend to stay and sign another that says you do... Check out www.grasmick.com for great information on employment based immigration to the U.S. from Canada. rmember that the TN is issued by the Dep't of labour while the other visas (H1) are issued by the Dep't of Justice... And now there is always the Dep't of Homeland Security involoved.. It is not the most straight forward process in the world - a chat with a lawyer would certainly be advisable....

            Comment

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