Gurus: Need Urgent Advice

R

Raman Iyengar

Registered Users (C)
Hi Gurus

I am a Canadian citizen and on H1B1 VISA. My company has shut down in October and as a result I got laid off indefinitely. I am getting an offer from a new coy. My questions are:
1. About 90 days have lapsed. Do I still qualify for H1 - H1 transfer or do I have to apply for a new H1.
2. If it is going to be a new H1, then is it subject to the H1B cap?
3. Can I start to work on receipt of the LIN number?
4. Could I start to work on a TN VISA and later on change to H1B1?

Your advice is very much appreciated

PS: I live accross the border in Canada and used to commute to the US for work.

Raman
 
Please clarify my questions.

Hi,

I think you can apply from H1->H1 transfer but the thing there is that you will need pay stubs from the previous employer. And if you dont have recent stubs the situation can be tricky. One of my friends tried to apply for H1 transfer with 2 months old stubs, but the lawyers of the new company said they will need latest stubs. He didnt have latest ones so they didnt apply and he lost that job offer.

I have some questions for you. Do you need H1 visa if you are canadian citizen? What is TN visa. I thought that there is some agreement between Canada and US because of which Canadian Citizen dont need a visa to work in US.
Please clarify.

Monika
 
No Title

Hi,

Thanks for your response. My last pay stub is dated towards end October, 2001. I suppose I will have to apply for a new H1B1.

Canadian citizens could opt for the TN (Trade Nafta) visa. The INS has a list of occupations (generally low skilled)that are not covered in this catagory. Otherwise all that\'s required is an appointment order from the company, which is shown at the port of entry and the INS officer examines the same and if he is satisfied, he gives the approval on the spot. This Visa has to be renewed every year. The downside of it is that you cannot apply for the green card while on this VISA. It is always better to have the H1B1 for that purpose.

Hope this helps

Raman
 
You must log in or register to reply here.
Top