H1b or TN for concurrent filing

T

tiwari_raddi

Registered Users (C)
Dear all,

I am going to file I140/I485 very soon. I am facing two questions before the filing. I am a canadian citizen and currently living in Canada and working in USA, holding TN. However I had H1b for nearly 5 year before (first h1b started end of April 2001, renewed one would have expired end of Oct. 2006). Here are questions:

1. Am I H1b cap-exempt if I want to apply for H1b (transfer from current TN to H1b)?

2. Is H1b is better than TN in filing I140/I485? what are advantages for H1b?

Huge thanks.

TR
 
The H-1B does allow dual intent. (Non-immigrant with intent to convert to permanent.) As for being cap exempt, I don't see why you would be. It's a new H-1B - not a transfer of an existing one. By using a TN, I think you automatically terminated your H-1B. (You can only have one visa status at a time.)

Here's what I think. A TN is issued on the basis that you DO NOT wish to premanently settle. It is designed to address free trade, but not resettlement. If you do file I-485/I-140 then you may have problems when you next try to enter the US on the TN because clearly, you will have expressed this desire by making that filing. This may not be the case if you still live in Canada and cross the border daily but I am honestly not sure.

I strongly suggest you get a lawyer's opinion. Do not use anecdotal information and put your status at risk. That is the only way you will get the experienced view you need.
 
gettingmygc, thank you very much

gettingmygc,

Thanks a lot for your information and your suggestion.
I will try to get advice from a lawyer.

Best regards.

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