Expiring H1-B: Switch to TN or E3?

H

hkgnyc911

New Member
Hi,

I recently got laid off and currently on the sixth and final year of my H1-B. The visa expires end of May 2006.

I am close to receiving a job offer and currently exploring visa options. As both a Canadian and Australian citizen I can either go on the TN or new E-3 also. I have several questions regarding my situation:

- Would going on to the TN be risky because I have been in the US for over 9 yrs now, therefore I can't show non-immigrant intent at the border?
- Is the E-3 visa eligible for green card processing?
- Would transferring my current H1-B to the new employer then later exploring the TN, E-3 and/or green card be the safest bet?

Thanks for your insights in advance.
 
hkgnyc911 said:
- Would going on to the TN be risky because I have been in the US for over 9 yrs now, therefore I can't show non-immigrant intent at the border?
Click to expand...

The only thing that proves outright immigrant intent in the case of TN status is if you have filed an I-485, or if you offer to tell the officer at the border that you are planning on applying for a green card in the future.

You can apply for a TN, and then later get a green card.

Here is some useful info on getting a green card from a TN:
http://grasmick.com/board/?topic=topic1&msg=39682
 
Curious George :: Is the info that you have suggested is also true for E3 ...

if not then how can some one put a work around to the GC application on E3 visa
 
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