TN Status to H1B to GC

D

Danic4u

New Member
Hi,

I am a Canadian and my company is willing to transfer me to the US on TN status. I have tried to convice them with moving from TN to GC, they were not with it and they want to do TN-H1B to GC.

Now, I know that the H1B is limitted, so they said they will keep on trying applying for h1B visa till I get, otherwise, I will stay on H1.

My question is, will that show dual intent when I apply for h1B from TN and I do not get it?

Will moving from TN to H1B to GC make this more complicated, than moving from TN to GC as what Curious George did?
 
Sorry I meant "Now, I know that the H1B is limited, so they said they will keep on trying applying for h1B visa till I get, otherwise, I will stay on TN"
 
I don't understand your question. H1B is a dual intent visa. Meaning applying for it and/or getting it won't hurt at all and you can apply for all other statuses in the future including TN.
What is the reasoning your employer is giving you for not going down the TN -> GC path?
 
My question basically is If I applied on H1 B while on TN status and I do not get the H1 B will that cause me issues when I try to renew my TN Status?

Will the H1 B visa show an immigrant intent when I apply for it?

For my employer, they said it is more safe to go through TN-H1B-GC, I am not sure how to convince them but it seems they consider it bending the rules.
 
No. H1B is not immigrant intent.
This is what I told my former employer's lawyer: so are you telling me if I got married to a US citizen while on TN or B1 or B2, I couldn't get a GC because TN is a non-immigrant status?!! What about all these Europeans who come here as a tourist and then get married to an American and get a green card?!!
Then he told me the truth: yes you can go from TN to GC but it is your employer's policy to do only H1 to GC.
They are giving you a load of bullcrap. If you really want a GC, find a better employer.
 
Danic4u said:
My question basically is If I applied on H1 B while on TN status and I do not get the H1 B will that cause me issues when I try to renew my TN Status?

Will the H1 B visa show an immigrant intent when I apply for it?

For my employer, they said it is more safe to go through TN-H1B-GC, I am not sure how to convince them but it seems they consider it bending the rules.
Click to expand...
I second what OttawaSenators said. you need to find a better employer.

Try to connivence to at least file Labor certification so you can secure your priority date.
I would also suggest keep working for this company on TN and look for another job who can sponsor your GC.
 
Guys,

They said they will sponsor my Green card and the costs, but they have to do this way TN-H1B to GC.

What is bad with TN-H1B-GC approach??? Please enlighten me here.

Is TN-GC approach legal? does it have some risks? Is it more costly?
 
The TN-GC path is explained well in CuriousGeorge's post and explained in details in this forum numerous times. Just search the forum. The only downfall is you cannot travel outside the US from the time they file I-485 till you get EAD and AP (4 months roughly). So you should have enough on your TN left before they file I-485.
The bad thing about TN-H1B-GC path is it takes a long time especially if you can't guarantee an H1B the first year. Your GC process won't be started by your employer until they get you an H1. What if you can't get H1 for a few years?
Get the LC started ASAP. It takes over a year for LC only these days.
 
When can I Start the labor certification? Can I start it when I get my TN and before I apply for the H1 B?

Do I have to wait till I get my US SIN before I apply for LC? how much time the US SIN takes these days?
 
Danic4u said:
When can I Start the labor certification? Can I start it when I get my TN and before I apply for the H1 B?

Do I have to wait till I get my US SIN before I apply for LC? how much time the US SIN takes these days?
Click to expand...
My husband has the same case. They didn't want to apply for his GC without h1 because of the TN dual intent. They said that they might deny the application because tn is not a dual intent visa. Going from h1 to GC is safer that going straight from TN
 
Indeed, many employers considere it safer. However most simply do this because they think this is a legitimate way to delay beginning the steps to get GC. They are wrong in their thinking, and are harming your husband, since it is unlikley that he will get H1 for many years,
 
One more question, Can an H1B holder work for a part time business of his own, like a sole proprietorship? I know that TN cannot but what I about H1B. Also, if you are on H1B can you change employers?
 
You cannot have any sidelines under H1. This is actually more strict that TN, which allows you to have several "clients" each with a TN. H1-B id for employee only.

Of course you can chnage employers under H1., Howevr in most cases this would require re-starting the GC process.
 
lisanaderson you are so wrong! There is a directive from the gov for CBP officers not to reject entry on TN if I-140 is pending or approved. It is safe to go from any category to GC. How the heck do you think all these tourists on B get a GC after they marry a US citizen?!!! You must be a lawyer trying to make extra money off the H1-B nonsense.
Let me tell you my story. I worked for a company who did not sponsor for GC if you were on TN (not even LC). I have just joined a company who is willing to do so. And guess what! Both companies use the exact same law firm. What an irony!
 
Guys, thank you for all this info. hearing both sides of the story for sure helps. I can see that TN-H1B-GC will take longer than TN-GC.

Now, my question which I could not find a firm answer for, is how much time does it take for EB3 to get the green card? I do not think I qaulify for EB2, but if I did, how fast will EB2 be compared to EB3?
 
From the day you file PERM until GC is awarded could be 2, 3, 4, 6, 10 years. Look at the visa bulletin and you will get your answer. My guess at this point would be 4 years

But what does it matter? You have to start somewhere. You would still stay on TN up until you file I-485, at which time you would switch to EAD. This gives your employer time to think about H1 for you while your process is ongoing, rather than holding you hostage while they make up their mind, and then 2 years from now start the PERM process.
 
What do you mean by PERM? Is it labor certification?

If my employer filed the Labor certification, can I continue the process alone without the employer being involved? So I can move from TN-GC, or do I still need their help after they file the Labor certification?
 
Yes, PERM is the labour certification, and has been for 10 years now.
Danic, the employment based green card process is ENTIRELY under the control of the employer. It is THEIR process, not yours.

I would suggest you do aa little more reading on what the employer-sponsored GC is all about. You questions are a little basic, and have nothing to do with whether you have TN or not.
 
Great thread ! lots of good info. Let me add my 2c also from my research.

Whatever Ottawasenators has said makes a lot of sense (I myself am a big Sens fan btw...Go Sens!)

[typing detailed response in subsequent post]
 
You must log in or register to reply here.
Top