在你提供的鏈節案例當中,事主本人並未辦過I-140,而是配偶辦過.配偶辦過I-140不應影響本人申請TN.
-If you carefully read the USCBP document I cited, you should find that the document addressed clearly that TN holder who merely has pending or approved I-140 is not considered to have immigration intent though this document was the response to the TN holder spouse's case.
Read the second middle paragraph "After reviewing applicable law for ... (NAFTA ) applicants for admission, it is our determination that the mere filing or approval of an immigration petition does not automatically constitute intent of the part of beneficiary to abandon his or her foreign resident" .
This sentence can be interpreted as I-140 filing or approval is not considered as the evidence of immigration intent for TN applicants..
說改簽TN與I-140曆史記錄無關絕對是不對的.這裏就有一個活生生的被拒簽的實例,與樓主將要做的事很相似.
When I subsequently tried to get a new TN in 2004, I was denied on the basis that a TN does not allow for dual intent and with an I-140 application (and now a PERM Labor Cert) on the record, I clearly have the intention to stay in the US.
http://www.justanswer.com/immigration-law/52zqt-tn-status-possibity-i-140-perm-record.html
-The case you cited here occurred in 2003-2004. The policy has been changed since 2008. I have known several TN holders have successfully renewed their TN I-94 at the US-Canada border even if they have pending/approved I-140.
