About to apply for H1B

J

julysky

Registered Users (C)
ALL,

I received e-mail notice from USCIS that my TN renewl was approved and sent it out today.

My company is also about to sponsor me GC. As for my case, I have to switch TN to HIB first. SO I am about to ask my company lawyer to prepare H1B application for 2009. I know the dealind will be April 1 2009. My question is that if it is too early to prepare the H1B application?


Thanks
 
julysky said:
My company is also about to sponsor me GC. As for my case, I have to switch TN to HIB first.
Click to expand...

You do not "have" to switch. Given how hard it is to get an H-1B these days, it is a particularly poor idea to hold up your GC for over a year based on this non-existent requirement.
 
It takes about a month for an imm atty to get an H1 togther, so don't waste any energy, time and worry about this until February, if at all.

Push for PERM and I-140 NOW. You could have GC before you are even eligible for H1 status (Oct 01, 2009)!

Don't merely accept this delay tactic.
 
Thanks guys.

I have to make it clear. That I am was born in China , even though I am holding Canaidan passport. As I understand, it takes 5 yrs getting the GC. So I have to switch from TN to H1b, then apply for GC. Am i right?
 
No. It does not matter how long it takes to get GC, you can stay on TN even after filing I-140.

Waiting for H1 will merely make 5 years turn into 7 years or more.

You need to educate your lawyer.
 
nelsona,

I have learned from here. TN is not for immigrantion visa. So if i cant get my GC in once yr, USCIS will not issue a new TN to me for next yr. is it correct?


thanks
 
You certainly have NOT learned this from here!

Until you submit an I-485, you can continue to get TNs.

You need to read the CuriousGeorge posting. It is pretty straightforward.

The fact that you are Chinese should NOT delay you submitting PERM and I-140. You may have to wait to file I-485 thereafter, but this should not have any impact on future TNs.

Your firm may feel more comfortable with your on H1, but it is unrealistic to make you wait 15 months (or 27 months, or 39 months...) just for that comfy feeling.

They should be filing PERM for you YESTERDAY!
 
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