H1-B to TN

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ontnb4

Registered Users (C)
I've been on an H1-B since Oct 2010.

I am considering moving to a different employer, under which I would have to initially be under TN Status.

I have recently become aware of the only-once-renewable nature of the H1-B Visa (unless you stay out of the country for one year).

If I left my H1-B Employer for the TN Employer, how much of the H1-B Clock would be left, if I were to again move to this visa at some time in the future?

Have I only used up 8 months? Or have I used up some larger portion of the time allotment?

I really appreciate the response.
 
There is no "once renewable provision". What there is is a six-year clock, in which you count the days you are on H1 and in US.

So, you have 5 years and 4 months (give or take) of H1 left. Your next h1 can only be for 3 years max of course, and then you can renew for another 2 years and 4 months.

You should be keeping a marked up calendar of each day you are in US on H1.
 
As of today, I'm reasonably certain I'd only qualify for an EB3-ROW (Professional) Filing.

If I don't intend to stay with my current employer longer than the current EB3-ROW backlog would necessitate, would there be some logic in switching back to TN while still remaining with my current employer (to save my H1B clock time)?

Would such a move raise eyebrows with the Border Agent?

I realize there is some advantage to starting the Green Card process (i.e. getting a Priority Date), and there is opportunity to switch employers once you get to a certain stage in this process, but it also limits employment opportunities to those who are willing to continue the process. Whereas, US Employers may be more willing to take on a TN Status Employee.
 
Their eyebrow would not raise. They know the advantages of TN over h1, for both the employer and the employee.

Besides, there is nothing stopping your employer form filing PERM abd I-140 etc, while you stay on TN.

You'll never need an h1.
 
I've been advised that the TN is a non-dual-intent status. You can say upon entry that you have no immigration intent, and the very next day: change your mind.

However, once you have documented evidence that you've changed your mind, you significantly hurt your chances of getting TN Status in the future (3-year renewal, change of employer, etc.).

Is this a fallacy? Or is it that the documented intent is the I-485, at which point you're almost assured a green card anyways?
 
While TN is not dual intent, that does not mean that you cannot get the GC process started on TN.

Your "adviser" and you, need to be reading "curiousgeorge" post on this forum.

1000's have gone TN to GC without H1. You go TN- EAD - GC.
 
So, I've read "curiousgeorge".

My attempt at summarization:

It seems like if the border agents are informed, they are essentially equivalent. If they are uninformed, they may give you trouble with TN Status and a filed I-140.

If you lose your job (or simply your status) during the I-485 processing time (which today is only a few months), you will not have a Green Card, and you will not be eligible for a TN in the future. This is true regardless of whether you were on H1-B or TN.

Therefore, it's almost better to be on TN, as you can then re-enter the US under H1-B (provided you find a willing employer). If this were to happen to you during your H1-B extension, you'd have to stay out of the country for a year.


To be clear though, at what point during the process are you free to switch employers without having to have Labor Certification done for the new job? Once the I-140 is approved? Do you need employer support for the I-485?
 
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You can switch employer, and still keep your process going only after your I-140 is approved AND your I-485 has been pending for 6 months.

The new employer would have to assume sponsorship at that point, but your I-485 would already be filed, so no new filing would be required.
 
What does "assume sponsorship" entail? Something less than Labor Certification?

"your I-140 is approved AND your I-485 has been pending for 6 months", so if you are stuck waiting on a Visa, this assumes you have filed the two concurrently?
 
When you switch employers (under AC21), when any RFE is issues requesting info about your sponsor, obviously your new sponsor must supply the info.

"your I-140 is approved AND your I-485 has been pending for 6 months", so if you are stuck waiting on a Visa, this assumes you have filed the two concurrently?
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It means exactly what I said. You do not have to file concurrently to get into this situation, but it certainly is more likely.

You need to read up on AC21, or go to a forum on that subject.

But your need to get going on finding a sponsor who will PERM before any of this matters.
 
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