H-1B under polish so TN1 under canadian?

mtlcanadian

Registered Users (C)
I am currently about to file an I-485 for my GC application, after getting my LC and I-140 approved.

Luck has it my job might be in jeopardy... and it took 6 years to get here thanks to 911 and the idiocy of INS reorganizing into Homeland Insecurity.

So I am looking around, and I got a contract offer under a TN1. My H-1B is under my polish citizenship, and I am dual polish-canadian. Can I use my Canadian for the TN1?

I know this would be like a loophole, but basically if I renew by mail I could get the TN1 and have at least some security related to my current employment which might terminate me within a few weeks.
 
180 days?

Well... that is like being between a rock and a hard place: I might not even last 2 weeks... so my best bet is to pray I get the I-485 filed 11/01/2006 given that my priority date is may 2002 and the november bulleting sets the PD at june 2002 for categories 3, then make the jump and port it, claiming it will be more than 6 months anyways for the processing.


The later issue with my category 3 was a mistake... I should have gotten promoted or just switched jobs back in 2001 to something that needs a masters degree (i.e senior developer position vs. the regular software engineer one I am stuck in for 8 years now at), and be in the category 2 which is current :mad:

Would they have simply said "no" to sponsoring me back in 2001. I would have sought another employment as I was still on an easily renewable TN1, and probably under better terms than where I am stuck now.

The current company lawyer assigned to the case is on company payroll, and he explicitly told me he cannot give me advice for anything than "indefinite" employment at my current work. My luck... and also a factor is the misinformation I was fed for a while.

I will sue my employer next month based on the botched work HR did and "lack of buisness opportunity" I had to endure (I have proof by emails of one explicit instance where an employee there stalled my application by a good 6 months... which happen to be a critical element now), and wrongful termination if it ever gets to this.

My masters is in computer science and I have my diplomas and transcipts with me + I own a house in Canada, so a TN1 is no problems either.

Just this nagging feeling of wasting 6 most productive career years... right in my mid 30s. This is why I will sue no matter what.
 
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