TN to H1B for 2009 is done?

Y

youyou

Registered Users (C)
I have asked my company to change my TN to H1B,

My company's law firm is Fragomen,

they helped me filed H1B request for 2009, end of Mar, Fedx to USCIS,

and they didn't hear anything from USCIS, no rejection, no receipt, no approval.

I asked Fragomen, they said they just got no reponse, they can't do anything but wait.

Is this normal? Could request get lost in delivery or some other explanation?
 
Yes, it's not unusual. Last year when we did mine, the new H1B approval just showed up out of the blue.
 
All rejection notices (except for the few 'reserve' cases) have already been sent -- along with a refund. You would know by now.

Unless you submitted duplicate H1 petitions (which would disqualify you), you should be good to go.
 
you had something else in mind?

They should know your case number by now from the cancelled check.
 
True, I don't need H1B, cause I have TN.

But I wanna get GC. my company law firm said I had to switch to H1B before embarking on GC road.

I guess I have no other options but to switch.
 
youyou said:
True, I don't need H1B, cause I have TN.

But I wanna get GC. my company law firm said I had to switch to H1B before embarking on GC road.

I guess I have no other options but to switch.
Click to expand...

ASK them to start the GC process, at least the PERM. It does NOT require H1B. It is a waste of time to wait for H1B to initiate the GC process.

Who are your lawyers?
 
My law firm is Fragomen.

I read though that post before, and I told them I don't need H1B to start GC, they responded:

"Starting GC though TN is risky, which has immigration intent, can easily get refused"

I guess they are either conservative or tried to using H1B to get some lawyer fees out my employer.
 
youyou said:
My law firm is Fragomen.

I read though that post before, and I told them I don't need H1B to start GC, they responded:

"Starting GC though TN is risky, which has immigration intent, can easily get refused"

I guess they are either conservative or tried to using H1B to get some lawyer fees out my employer.
Click to expand...

This is crazy.. R u dealing with Fragomen in CA? If yes, this is very hilarious, since Fragomen has done my TN->GC!
 
youyou said:
"Starting GC though TN is risky, which has immigration intent, can easily get refused".
Click to expand...

To thier point, you need to be prudent and make sure you take the right step at the right time. My steps lay out EXACTLY what to watch out for at which point. If you took the time to read it you would have learned a lot about the process itself, even if you don't take the TN->GC route.

Its not risky, nor illegal, its just high maintenance, and they don't want to be bothered. Its too much work for them to explain the pitfalls you need to watch out for when doing an TN->GC, and they'd rather make it easier on themselves by telling you that you MUST do H1b first, which is a lie by the way. If they don't explain the pifalls that YOU need to avoid, then I agree its very risky, and you could screw up the case for them, and then they have to try to work REALLY hard to get you out of your mess. The only real risk is you not knowing the rules which you are bound by, and they basically don't want to explain it to you. They think you're an idiot, and you will add too much risk, but in fact you're not an idiot, and rather they that do not want to discuss the details of the immigration process. They just want to make a quick buck with as little time waisted talking to you.

Like I said above, this mess CAN be avoided by reading and understanding the process just a little bit.

The big negative point here is that its your time and your life they are wasting by telling you these falacies. Either way they get paid the same, so why should they care about you?
 
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... and remember, its not the GC that can be 'refused', but the TN, maybe. The worst that could happen is that one loses their TN for a couple of months, certainly worth the risk to get GC, instead of waiting years for H1 first.
 
I had the same problem with Fragomen. I think it also depends on their client's policies. In my case, my employer is a very conservative big company and they don't want to take any risks that may cause a gap in employability. (Not to mention they converted me to H1 back in 2005 and then stopped the GC process due to downsizing coz they can't get PERM if they are not hiring anymore.) God bless NAFTA that allows us to work in the US!
 
I have the same problem with my employer. They are very conservative, and don't want any gaps in employment either. They want to switch me to H1 first, and that is what their lawyer wants as well. I have been working on changing their minds, but they never seem to impressed when I said "well, I read on an internet forum that you can do it this way...".

I am hoping they change their mind when/if the TN's go to three year terms.

In the mean time, I love my job and I am willing to ride it out on a TN. I guess I could always find a new employer, but I am too happy where I am now.
 
So..., how am I supposed to do then?

Fragomen said they would discuss alternative strategy with my employer, and I haven't heard anything back, so I guess I just have to wait?
 
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