Canadian living abroad- -What's best option to join US employer

O

Ontarian

Registered Users (C)
Hi Forum,,

I am a Canadian citizen working/living abroad (outside of North America), and I am in the process of interviewing with a US company that most likely will offer me the position. The company is a bit confused about the Visa processing. They are looking for the best way to get me into the US. I told them that I wouldn't prefer the TN because of its limitation. If I go for a TN-1, I would have to leave my actual position without being sure I will get it because it's granted at the Border. I have all the credentials to qualify for a TN, however, I just don't want to take a risk. The company would also like to explore the H-1B status. I have heard that the extra 20000 H-1B visas will not be available till March. I do qualify for the conditions set by USCIS to be considered within this new Cap (Masters from US university), however, I am not sure about the exact timing as of when this visa will be available. March seems to be a tentative date. Could someone, please, tell me if I do have other options other than these two visas? And where can I get more information about the new H1-B cap. Also, do you have any information about the O-1 visa and whether or not it would be a good option to explore?

Thanks for your help. :)
 
I would look at the H-1B and then get them to start Green Card Processing at the same time.
I did 2 trade NAFTAS then changed to an H-1B; now I'm getting GC processed. Knowing what I do now I would take the above Route.

From Murthy.com
NSC States VSC May Process 20,000 H1Bs
Posted Jan 07, 2005
©MurthyDotCom
The Nebraska Service Center (NSC) issued a release on December 15, 2004, indicating that the additional 20,000 H1B petitions made possible by a recent change in the law will most likely all need to be filed with the Vermont Service Center (VSC). The 20,000 newly-created exemptions to the H1B cap are only for persons who possess Masters' degrees or above issued by U.S. educational institutions. For more information on this topic, see our December 8, 2004 NewsFlash, Omnibus Bill Signed - USCIS Clarifications, available on MurthyDotCom. (SEE BELOW FOR LINK)

The cases filed under the new provisions may be filed from March 8, 2005, presumably with an immediate effective date, or up to six months in advance of the requested effective date so long as exemptions are still available. Those interested in these cases may want to start having their cases prepared in advance of March 8th, so that they can be filed as early as possible on or after that date. The final decision on how these cases will be processed is most likely to appear in a regulation in the Federal Register.

The NSC also reminded petitioners that the new $1500 training fee ($750 for petitioners with fewer than 25 full-time equivalent employees) is already in effect. The new $500 Fraud Prevention and Detection fee will be due on all petitions filed with the USCIS on or after March 8, 2005.

More Info
http://uscis.gov/graphics/formsfee/forms/files/I-129.pdf
New Fee: If your petition is postmarked on or after April 30, 2004, the required fee is $185.
Please note that the Form I-129 does not reflect the change in required fee at this time. However, if your application is postmarked on or after April 30, 2004, the new fee must be included or your application will be rejected.
http://uscis.gov/graphics/formsfee/forms/i-129w.htm
http://www.murthy.com/nflash/nf_12082004b.html
 
Last edited by a moderator:
Ontarian said:
Hi Forum,,

I told them that I wouldn't prefer the TN because of its limitation. If I go for a TN-1, I would have to leave my actual position without being sure I will get it because it's granted at the Border.

Thanks for your help. :)
Click to expand...

This is not true. You have options. You can keep your current job, fly to Canada, drive down to the US border and apply for a TN at a land border. If everything goes well, you can quit your current job, or even fly back to your country of residence, and pack up and come back. If you have trouble, you can go back to Canada, and straighten things out. If the problems are not fixable, then you can simply fly back to the country you live in. Just because your TN letter says you will start work immidiately does not mean you can't go back to your country for a "vacation". No one will verify if you showed up for work the day after you got your TN.

It all depends on how much the plane tickets are. This could be cheaper than an H1B application, and it will definitely be much much faster, if the employer is not willing to wait. If its not cost effective, or if there is no rush to get here, then it may make sense to just wait for the H1B.

Once you arrive in the US, you can switch to a H1B if you wish, or you can keep renewing your TN indefinitly via mail. And, not commonly known to most lawyers, you can also apply for a green card from a TN, although only the best of lawyer will touch that case. I got my green card from a TN, and never switched to a H1B without any problems.
 
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