Should I even bother trying to go to DFW?

[ahasnain]

Hi,

Am happily working in Canada, but looking to make more $$$$ and lead a better life in Dallas area. Am an Internal Auditor, already have a TN under Accountant category (it expires June 2008). I was already in the States for 5 years on an L1B (from 2001 to 2006) and had to leave b/c company could not go through LC process, so I swore to myself that I would NEVER, EVER return without the promise of a labor cert. BEFORE moving down again.

Now some things have changed:

1. TN expected to be valid for 3 years at a time.
2. I have wife and 2 children so cannot afford to mess around with their stability.
3. I have 2 professional designations I did not have when my L1B ended, + have 2 extra years of experience.
4. I cannot hop onto H1B as I have to be out of visa status for one full year, + even then due to quota will have to wait until at least 2009.

My question is simple, and I'm looking for advice + I have read ALL posts about TN to GC conversion so PLEASE do not point me out to those. I am looking for candid, frank advice:

Question:

1. Assuming I find an employer willing to bring me in on TN and say "we'll look into GC for you in the future", should I go?

2. Are there some company HR's who simply REFUSE to deal with a TN to GC conversion?

Please help, thank you.

 

[sshakeny]

I am not sure why you are asking these questions since you have already spent sometime down here in US. Since your last stay not much has changed and you will be dealing with the same dilemma as you faced before you went back to Canada. Best any of us on this website can do is to share our experiences.
1. Assuming I find an employer willing to bring me in on TN and say "we'll look into GC for you in the future", should I go?
When it comes to any type of nonimmigrant work visa, The power solely lies in the hands of the employers and they can hire or fire anyone at any point of time they see it is necessary. Your best bet to get a guarantee from an employer is to have the GC promise in writing which they wont do for two reason. First, they will be legally bound to do this process. second, it would contradict the terms of the nonimmigrant visa petition which informs you and the USCIS that at the end of the visa term you must go back to your country.

2. Are there some company HR's who simply REFUSE to deal with a TN to GC conversion?
My personal experience is that most companies rather not to deal with GC process even if you are willing to pay for it. The reason is simple. The management usually doesn’t want to create additional headache and legal obligations and jeopardize their own career for a foreign worker. Unless you are dealing with corporations who are comfortable with this process or you are dealing directly with the highest decision makers, the odds are against your GC application. So, at the end it will be you who has to decide to which way it the best for you and your family. As for me, I have come to the conclusion that being in Canada is going to work for me a lot better than waiting for god knows how long until I get my GC.(I am half way through I-140 process now)

 

[TheRealCanadian]

The power solely lies in the hands of the employers and they can hire or fire anyone at any point of time they see it is necessary.

And the courts have held that merely sponsoring someone for permanent residency does not create any additional obligation on the employer to maintain employment, or restricts their ability to terminate employment.

First, they will be legally bound to do this process.

Not necessarily. It's as simple as wording it to say that the process will continue so long as the alien is employed by the sponsor. Once employment ceases, there is no further obligation.

it would contradict the terms of the nonimmigrant visa petition which informs you and the USCIS that at the end of the visa term you must go back to your country.

First off, he's Canadian so there's no non-immigrant visa petition. Second, the courts have held that the desire to immigrate at some later date does not necessarily preclude admission in non-immigrant status, provided that the current entry is going to be temporary.

If I was the OP, I'd simply make my acceptance contingent on the PERM LC being filed and pending.

 

[ahasnain]

Good advice

Thank you both for your advice. My last experience in the US tainted by viewpoint in that I went on an L1B, did NOT get any assurance/anything in writing and guess what? I got the proverbial boot.

Those of us who are not senior managers/executive types struggle with the decision on whether to to to US or not. Honestly, of every 10 US employers I contact for jobs, 9 respond and go through interview process, and of those 9, all 9 when they hear about my visa situation, stop the process or I mysteriously never hear back from them.

Any advice on how to "Phrase things" to an employer on getting GC/LC commitment?

 

[sshakeny]

And the courts have held that merely sponsoring someone for permanent residency does not create any additional obligation on the employer to maintain employment, or restricts their ability to terminate employment.

exactly my point. their mentality is "why even bother when they dont have to"
the question is not about the law. the question is "is it worth going through with it.

 

[sshakeny]

Any advice on how to "Phrase things" to an employer on getting GC/LC commitment?

phrasing things is as hard as going to an job interview so they understand. I have had no luck getting through eventhough i offered to take the legal bill and have everything ready as early as one day for them to sign and do premium processing. the best part is i didnt even ask them for GC. just a simple visa transfer

 

[pinoyInDC]

Thank you both for your advice. My last experience in the US tainted by viewpoint in that I went on an L1B, did NOT get any assurance/anything in writing and guess what? I got the proverbial boot.

Those of us who are not senior managers/executive types struggle with the decision on whether to to to US or not. Honestly, of every 10 US employers I contact for jobs, 9 respond and go through interview process, and of those 9, all 9 when they hear about my visa situation, stop the process or I mysteriously never hear back from them.

Any advice on how to "Phrase things" to an employer on getting GC/LC commitment?

In my experience, (i've worked on TN since 1999 and recently got my GC), I usually look for employers who have sponsored employees before or if they haven't, i just explain to them that acquiring a TN does not necessarily mean sponsoring you but that it only requires a job offer letter. I've worked for a few companies that doesn't know what TN is and explained to them what it entails. Only after a few months of working and impressing your employer that I bring up the H1 or GC question and depending on your performance they would usually look into it especially when you're paying for it.

Just my 2 cents,

Good Luck!