Decision time! - apply for H1 Or continue working on TN1?

C

CanadaIndianGuy

Registered Users (C)
I have a situation, in which I need to decide whether I want to apply for new H1b visa on 1st Apr Or continue working on TN1 status!

Currently I am working with Consulting firm A at the Client B. My ultimate goal is to have a GC. And, it seems, I have got a chance to become Full Time Employee at client B by end of yr 2008 ( as soon as my current contract gets finished). That means, I might continue working at the same Client B ( as an Employee rather than a Consultant); but the Consulting firm may Go out of picture from Jan '09 onwards.

I have read a few threads about the TN to GC conversion process; and I understand that having H1b visa is the Best bet for the current scenario because of Risks/Time Limits involved in the First option. Well, I am still writing this because I would like to have a final Opinion from any of the Experienced people on this thread, whether I really Need to apply for H1b visa?

Please note that, I might change an Employer from A to B ( the Client) in Jan 09; and I have One of the TWO possibilities:
a) If I have new H1b visa with A : I will get the H1b transfer done to New employer B.
b) If I have TN1 visa ( current situation) : I will get the New TN1 with Employer B.

In this case, what could be my Best option? Assuming that the H1b Lottery system does not eliminate me, Option a) is a Better choice to have in Jan '09 Or Option b) is still OK? Well, I will start pushing my GC application wish to my Future employer ( either A or B) from Jan 09 onwards only. So, is it worth taking Hassles and Expenses of H1b visa filing on 1st Apr 08??

It is kind of difficult confusion for me, and I also have very limited time in case I want to apply for H1b visa! Your answers would be greatly appreciated!!
 
If your employer is willing to sponsor and pay for H1 fees, I would say go for it! You can try and see whether you can win the lottery. If not, the TN option is always available.

The H1b status is always better/more stable (and dual intent) than the TN status.
 
bigboy00 said:
If your employer is willing to sponsor and pay for H1 fees, I would say go for it! You can try and see whether you can win the lottery. If not, the TN option is always available.

The H1b status is always better/more stable (and dual intent) than the TN status.
Click to expand...

My current employer might Not be willing to bear this cost. But, it seems, H1b may be more viable option for the current scenario of GC process. So, it may be Worth spending that extra amount. I will initiate talks with my Employer soon.
 
It is always better to have H1 over TN, if possible.

The trouble is that some HR/legals refuse to even take the first steps towards GC unless and until H1 is obtained. That is the danger in being lulled into 'waiting for h1'.

This is completely unnecessary and, given the current H1 situation, one should never pin their GC hopes on getting H1.
 
Hi nelsona,

First of all, congrats on your freedom !:)

My question is, if I stay on TN and apply for my GC, once I am past the labour Certificate phase (PERM), I will be applying for I-140 and I-485 and that will constitute an "intent" to immigrate, so if my TN expires before both I-140 and I-485 get approved, and I need to go renew my TN, they won't issue it to me since I have already exhibited an "intent to immigrate", isn't that right? and how can a TN holder overcome such hurdle?

Thanks alot
 
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Once you apply for I-485, you need to get EAD to work. This has all been clearly described in other lengthy posts. Search for Curious George on this board.
 
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