Lawyer suggested me to get H status

ValenciaD

ValenciaD

New Member
my Lawyer said, i can apply GC throughout the process. However she said it would be better if I can have H status & nothing lose.

I am a person against switching to H status if TN is enough for the whole process. However my lawyer said, it wouldn't hurt you anyway.
Shall I go ahead to take lawyer's advice?
what shall i do?
 
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H status of course requires one to go through lottery. That aside, if your organization is funding everything including filing of h1 petition, there isn't anything wrong with it
 
My lawyer said "if i dont' win the lottery, we still can move GC case forward with TN." my company will fund everything for my case.
I shall take the advice?
 
ValenciaD said:
My lawyer said "if i dont' win the lottery, we still can move GC case forward with TN." my company will fund everything for my case.
I shall take the advice?
Click to expand...

Why add the hassle of adding another process (H1) if you can go through TN ?
 
So, the question are they waiting to begin the GC process until after they file H1? If so, why?
This may be a classic stall tactic.
As to "adding" another process. Of course it is replacing TN, so not an additional process. H1does provide a measure of benefit, if one should need AC21 if sponsor bails on you. Btw, the company MUST fund H1 process.
 
My PERM process has been recently started which was upon my TN status. They will continue using my TN to apply GC if I don't get selected for H . My lawyer kept saying my case was in a good sharp. however, since i was China Born, she suggested me to get H as a backup in order to eliminate some potential issues while i am leaving & reentering US. My company will fund H1 process.

Nelsona, would you suggest me to take my lawyer's advice? Why H1 provide a measure of benefits comparing to TN?
 
H1 provides for dual intent which TN doesn't. So you could renew your H1 even if you have filed for GC which is not the case with TN. Since China is backlogged, personally I feel trying for H1 (esp since your company is funding everything) is not such a bad thing
 
Although backlogging doesn't really prevent getting TN (you would simply be on TN or EAD longer) H1 does more importantly allow you to switch employers mid-process without losing out on previous steps.
As long as they are not delaying you, H1 is better, but be sure -- since you likely won't ever get H1-- that at no time do they hesitate with any future step/filing/process.
 
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