Question about seeking TN vs. H1B

C

Ciccione

New Member
I'm a Canadian citizen (born in Canada and ancestrally British) currently working as an attorney on a J1, not subject to the home residency requirement.

In the next 18 mos, my J1 will run out, and I'll have to seek either TN or H1B status. If I want to obtain a GC eventually, what is the best path for me? My employer will sponsor me. FWIW, I went to a US law school.

I'm grateful for any help, and I'm happy for even links to threads.
 
Thank you. Any thoughts about J1-GC? And does starting the PERM process now while I'm on the J1 make it hard for me, having demonstrated immigration intent, to apply subsequently for a TN?
 
TN allows, by decree of both CBP and CIS, to have an immig process in the works, as long as I-485 isn't filed. Once I-485 is filed, you don't need TN or J1 -- you go on EAD.
Now, J1 does not have thatsame protection, and entries into US once you have filed I-140, could be problematic. But TN is not a problem.
 
I see. Very helpful — thanks!

One further question: once the i-485 is filed, is it advisable on both TN and H1B not to leave the US until you're on EAD? It sounds like getting off the J1 and on to the TN is the cleanest path to a GC. So why does a lawyer friend advise H1B to GC? Is he just lazy, or is it old thinking?
 
After filing I-485 on any status other than H1-B or L (which are the only 2 that allow dual intent), your process is considered abandoned if you do not secure Advanced parole (I-131) approval before departing US. The EAD is secondary, and not used for re-entry, but you need it to work.

Many lawyers consider H1-B the ONLY path to employment-based GC. They are wrong, mainly because TN was designed to bypass lawyers, thus they don't have any experience with it. I'll let you judge your "lawyer friend's" character flaws.

There is enough evidence in this forum proving TN to GC is a viable option, especially considering the difficulties of getting h1.
 
You must log in or register to reply here.
Top