Change from L1-B to TN with same employer same job

C

carlosortiz_97

New Member
Good afternoon,

I'm currently at 2 years and 4 months out of my 5 years of L1-B visa, my employer has started the GC process since January this year, but I fear there won't be enough time for the GC to get approved, for additional information, I'm a Mexican national and I would be able to get a TN visa, but my main concern is.
Can I stay on my same job but change to a TN once the L1-B expires but while being deep into the GC process?
I think my case is rather specific, but I would like to know what my possibilities are, my employer is also trying H-1B every year until the L1 runs out.
 
You're right, your situation is specific, but there are possibilities!

L-1B to TN Visa:

  • Possible, but Consult an Attorney: Generally, you can switch from L-1B to TN status while remaining with the same employer, as long as your new role qualifies under the TN NAFTA professional occupations list. However, there can be complexities involved with switching visa status while a green card application is pending. Consulting an immigration attorney specializing in employment visas is highly recommended. They can advise you on the best course of action considering your situation and the potential impact on your green card process.
Green Card Processing:

  • Processing Times: Current processing times for green cards can vary depending on your category and workload at USCIS. You can check USCIS processing times here
  • Consider Premium Processing (if applicable): If your green card category is eligible for premium processing (usually for an additional fee), it can expedite the adjudication process. Discuss this option with your attorney.
H-1B Option:

  • H-1B Lottery: As you mentioned, your employer is attempting to secure an H-1B visa for you through the annual lottery. This can be a viable option, but it depends on selection in the lottery and meeting H-1B specific requirements.
Important Considerations:

  • Maintain L-1B Status: While exploring other options, it's crucial to maintain your valid L-1B status until a final decision is made. Don't violate your L-1B status by working unauthorized.
  • Impact on Green Card: Consult your attorney about the potential impact of changing visa status (TN) on your ongoing green card application
 
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