From TN to H1B

patuniah

Registered Users (C)
Hi there. I am planning to apply for and enter the US with TN status. Within about a month after I'm there, the employer and I plan to apply for an H1B visa. (They need me asap and realize that the H1B process will take a while.) Will this short timeframe between the two raise flags?

Otherwise, my sense is that there isn't a problem going from TN to H1B, since they're both non-immigrant visas. Would you agree?

A potential twist...
I have an American boyfriend. I am well aware of the dual intent issue with the TN. I will not raise this fact, but if they ask I know to make it clear that I am going to the US for this temporary employment opportunity. I have no intentions of becoming a permanent resident. Any other words of wisdom/caution?

And yet another question...
We have travelled across the border together fairly regularly. How much information does the border "patrol"/INS document? We have had many questions asked along the way and I just wonder if they have a flag noted about our relationship, frequency of travel, etc. I know this sounds paranoid, but I'm just trying to get prepared for getting the 3rd degree!

This is a great forum and I thank you for any guidance you can provide!

Cheers!
 
patuniah said:
Hi there. I am planning to apply for and enter the US with TN status. Within about a month after I'm there, the employer and I plan to apply for an H1B visa. (They need me asap and realize that the H1B process will take a while.) Will this short timeframe between the two raise flags?

Otherwise, my sense is that there isn't a problem going from TN to H1B, since they're both non-immigrant visas. Would you agree?

A potential twist...
I have an American boyfriend. I am well aware of the dual intent issue with the TN. I will not raise this fact, but if they ask I know to make it clear that I am going to the US for this temporary employment opportunity. I have no intentions of becoming a permanent resident. Any other words of wisdom/caution?

And yet another question...
We have travelled across the border together fairly regularly. How much information does the border "patrol"/INS document? We have had many questions asked along the way and I just wonder if they have a flag noted about our relationship, frequency of travel, etc. I know this sounds paranoid,

you have nothing to worry about on any of the issues mentioned. I would pressure you employer to apply for greencard instead of H1B. H1B will cost them an additional $5000 with legal fees. AND H1B is not necessary for you to reach your end goal - GC.
 
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