TN -> H1B easy, or H1B -> TN? Best way to stay in US for 10 years without applying GC.

Q

quasar81

New Member
Hello I am a Canadian Citizen with clear TN occupation.
I have offer from non-profit hospital US employer but I only want to take it if I can stay there bit stable until our kids finish High School i.e. 10 years from now. So question is how to stay in US for 10 years on combination of TN/H1B visas?

Few things:
1) I donot wish to apply for US Green Card, and wish to hold only my Canadian passport.
2) My potential employer is a non-profit hospital - so H1B cap exempt(I hope)
3) I have been on H1B previously but left US 4.5 years ago

So, I was thinking following way
Initial TN entry 3 years
3 year(?) TN extension - Hopefully will get it
3 year non-profit cap exempt H1B
3 year H1B extension
TOTAL 12 years while kids finish their schooling, then back.
Although nobody knows what happens so many years down the road e.g. NAFTA gone, etc but we can only plan based on current situation.

Should I go on H1B first, or TN first?
Which COS will be easier approved?

Thanks!
 
Do you have unique skills that American employers have difficulty finding Americans Citizens to do the job?
Does the job fit in the TN and/ot H1B requirements?
If so, it does not matter which visa or status you obtain, but TN is easier.
Since you had an H1B in the past you know what is required. Your employer has to perform a prevailing wage determination first. Then apply in the first five working days of April (if not cap exempt) and get picked in lottery (~35% chance this year). Typically valid for 3 years, then renewed for another 3 years. Max 6 years unless waiting for GC.
TN is easier as no prevailing wage determination required. Can be requested at any CBP entry point. Can be renewed indefinitely. (or re-requested)
Who knows what the future holds. Immigration reform has been very difficult in the US for the past several years. (Dem and Rep cannot agree on changes).
To me the key question is do you have unique skills that are desired by US employers? If so you should be good for either.
Why don't you want GC? It would make switching US employers much easier.
 
Thanks Amber. Both, the job and my qualifications fit TN and H1B. No issues there.

Per original query, would spending 10 years better offered via TN -> H1B, or H1B -> TN? Which option has lower renewal risk to stay there for 10 years?

My though process was that if I first go on H1B(cap exempt non-profit), after 6 years on H1B stay getting TN will be more risky as I would be "perceived" being in US permanently.

On the other hand, if I spend 3+3=6 years on TN first, and then go for H1B - H1B cannot be denied itself based on fact that "You have already been on US enough for 6 years(TN)"
 
>>Which option has lower renewal risk to stay there for 10 years?
who knows....i can't answer that one.
renewals will be based on the facts of the case. does the job requirements meet the requirements of the visa/status? do you meet the requirements of the role? (education and experience). Sounds like yes in both cases. So no concerns.
both visas (or status) are "non immigrant" visa's so you are not supposed to show immigration intent. (H1B does have dual intent, so it may be safer, but you are not filing I-485, so no difference).
there have been cases where people have renewed (or re-applied) for TN status over 10 years. As long as the job meets the TN requirements (ie. not a manager) and you meet the role requirements (education and experience) the CBP officer will issue a new TN (usually valid for 3 years). But you can get some subjective CBP officer that will deny, but they need a valid reason. (showing immigration intent is difficult, only filing i-485 will do that). I would not worry about immigration intent.

so you have a job offer from a non-profit US hospital. what skills are they looking for ? if that job ends or you need to quit (bad manager or coworkers), do you think you could easily get another job with your skills (and the employer is willing to sponsor your visa/status)? within 60 days or six months? (since you are Canadian and you can request AOS to tourist status B2 for six months if laid off, to look for a new job sponsor).

if you think your skills are in demand and will continue to be in demand for next 10 years, they you should be good.
it may not be called H1B or it may not be called TN, but I suspect the USCIS will have some "temporary" work visa for people with skills in demand (that US employers have a hard time finding US citizens to do the job).

you just need to be willing to live with the uncertainty of being an immigrant on a temporary status in the US for 10 years. (ignore the calls for cancelling NAFTA, etc). it will not be easy. each person has a different level of uncertainty they can handle. since you were on H1b before, you should know what it is like.

you will always keep your Canadian passport, so worst case, you move your family back to Canada. (yes changing schools will be difficult, but manageable).
 
Thanks Amber!! Really appreciate your reply.
To answer your query, I am Scientist/Biologist occupation and it fits well in TN job description as laid out.

I assume that getting TN for 3rd time is (possible. but relatively) tough as it violates the "maintain ties to home country" rule of thumb and gives CBP more reasons to deny TN.

So, it seems like TN(6years) -> H1B 6 years is bit safer to take a cut for 10 years.

Any view point on the contrary(H1B to TN) will be appreciated.
Nelsona and other experts may weigh in. Thanks Amber, much appreciated.
 
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I haven't read much of this "angels on a head of the pin" discussion, but the easiest is simply getting TN, there is no such thing as perceived intention to immigrate to US, if you have been on non-immigrant status, regardless if it is TN, H1, O, P, etc. and H1 clock does not accrue on other statuses.
I doubt that you need a rehash of the requirements of each, since you have already lived in US.

Besides, it is easier to transition between multiple employers on TN, or even contract yourself out on TN.
 
Amberleaf said:
Since you had an H1B in the past you know what is required. Your employer has to perform a prevailing wage determination first. Then apply in the first five working days of April (if not cap exempt) and get picked in lottery (~35% chance this year). Typically valid for 3 years, then renewed for another 3 years. Max 6 years unless waiting for GC.
Click to expand...
He doesnt have to go through lottery as the organization is likely cap-exempt...jfyi
 
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