Changing from TN to H1-b

B

bob23

New Member
I was just informed my my employer that it would be in my best interest to change from a TN, which I have been working under for the last 3 years, to an H1b visa. The reason is that I'm a university counselor/recruiter, which apparently doesn't clearly fall within the job classifications of a TN visa. I'm a Canadian recruiting Canadian students to attend an American university.

My employer has agreed to file a petition for the H1-b visa and pay for the express processing. My question is: given I've already had my TN visa successfully renewed once before, is it really necessary for me to apply for the H1-b, or should I simply plan to renew my TN visa when it's time?

Furthermore, if my H1-b is denied, as apparently I will know within the next 3 months, will that affect my chances of renewing my TN visa as a last resort? To my knowledge, this process of changing from TN to H1-B has been done before for both of the individuals that worked in my position before me. The only difference between my case and theirs is that both had a graduate degree, where as I do not have my graduate degree yet.

Wow, this is happening so fast--any advice would be greatly appreciated.
 
If your employwr wants to get you H1, let him. It does't affect you, except that it will make it impossible for you to moonlight. A failed H1 means nothing to your current TN.

What category of TN have you been applying for in the past?
 
My TN category is "Counselor" or at least that's what it says on my TN visa. I believe that "school counselor" is one of the categories for the TN (correct me if I'm wrong), which is what I've been classified under. My formal job title is "counselor" although I work primarily with prospective students. My concerns were somewhat raised when I met with the lady who would be filing the petition and doing all of the paperwork yesterday. She seemed somewhat nervous about the outcome and told me there would be a 50/50 chance it could be denied. Should I seek legal advice?

This isn't by any means a permanent position for me as I plan to move on in about a year or so. My concern is that my TN is up for renewal in November and if this H1-B gets denied, to my knowledge, I may not be able to work there anymore.

Thanks for your response. This is all a bit overwhelming for me.
 
I suppose I could always just attempt to have my TN renewed in November, although, suddenly, I've been made to believe that this could be quite difficult, even though I've had it renewed once before.
 
Vocation counselor is a proper TN category, and you have recieved TN(s) in the past for this. I would nt worry about that.

I would not worry that your H1 will fail either, since you have a degree and your job requires a degree -- which is all that is required.

You worry too much.
 
Thanks for the quick feedback! I'm just going to follow all of the proper procedures and hope for the best.
 
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