TN status vs. H1B

[Jill_igby]

Hello all,

I just don't see the benefit of having H1B over TN for some who already qualify to get TN with their education. There are several people who applied for H1B while on TN or wishing to do so.

Do they what to apply under different profession? Is this the only reason?

What is the reason? I am sure there are several obvious reasons but if you guys have time please let me know.

Thanks

Jill

 

[TheRealCanadian]

Do they what to apply under different profession? Is this the only reason?

Plenty of other reasons, like explicit dual intent protection, portability for a job change under AC21, ability to substitute experience for a degree, etc.

 

[nelsona]

As Jill sez, for those already with TN qualifications, H1 benefits like portability (which really only means you don't have to go to the border -- a $1300 Premium TN I-129 is still cheaper than an h1 port) and the ability to substitute experience (you have a TN after all) are almost negligeable benefits.

The real benefit for a Tner to get H1 to avoid even the slightest dual intent problem.

There is the matter of having an LCA filed by the employer that guarantees certain work conditions.

There are also some activites (technical sales, managing) that can be performed under H1 that cannot under TN.

 

[Jill_igby]

Thank you!