I know if a Canadian has had an immigrant intent in the past, he/she
will not qualify for a TN in the future. I am currently on H-1B and my
company is pressuring me to apply for my I-140 in the middle of
restructuring and layoffs. To file for I-140, they need me to sign the
PERM document which states something like I want to become an
permanent resident based on this job. To me this sounds like an
intention to become an immigrant.
I am concerned if I sign PERM and they apply for I-140 and in the
middle of the process, I get laid off, I won't be able to get a TN in
the near future. In my field, most jobs are contract jobs and
consulting firms prefer TN over H-1 (no cost for TN), not to mention
that they don't take over the sponsorship case. So if I get laid off,
my only choice will be TN jobs.
Does signing the PERM document constitute an intention to become an
immigrant? Or this intent is only established when I sign the I-485
application? An immigration officer at the US-Canadian border told me
that signing the PERM also constitutes the intention. But the
company's lawyer says otherwise (of course she wants to make money and
doesn't care if I get screwed in case I get laid off during the
process).
All the lawyers and the immigration gurus out there, please enlighten
me.
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