TN or H1-B : Which one will be better for me?

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surimmig

Registered Users (C)
Question(s) for experts: Please answer few of the questions even if you don't know answer to all. It will be much appreciated.

The company offering me a job is willing to go either through H1B or TN. My case:

1) I worked on a TN in 2005 but my company started my H1B in Oct 2006, and I left the US in 2009. Since 6 years haven't passed from my H1B, the new company says it can transfer the H1B - Is that possible?

2) I was on I-512L Authorization for Parole (AP), but while leaving US I asked my lawyers to withdraw the I-485 - my priority date was backlogged. I received RFE (since I didn't sign it) and finally it was denied since we were out of the country and didn't follow up. Also, right now the priority date is current for me.

My question: Which will be the faster path for me? H1B or TN? AND what steps I will have to go through for that?

Thanks a lot folks!

PS: I will be glad to provide more details in case it will help answer the question more accurately. Please feel free to ask. Any tips or tricks will be greatly appreciated.
 
Since you have gone through H1 and TN sponsorship before, why are you asking about the mechanical steps involved.

Just go back to your files and look.

The faster path will be TN, as designed. H1, even though you had one in the pst, will still require approval before you can begin work 9per new CIS deirectives).
 
nelsona: Thanks for responding.

Okay so to first answer to your question a few reasons I am asking this question is that given my case, Will I be able skip a step or two to make it a little faster? For Example:
1) Someone mentioned H1-B can be "transferred". Will that mean that I might be able to skip LCA/PERM (BTW, One of the offers is with the same company with the same job title and everything except for the location)
2) Will I be able to use AC-21 portability since I didn't stay even a single day out of status in US. My company lawyers had I-140 filed for more than 180 days, etc.

Just trying to make sure that I will not have to wait through any 'unnecessary' step, while the priority date window in current for me. Hence looking for shortest path.

Thanks again!
 
I would suggest any questions abour H1 porting, or even I-140 (given your process was denied), be asked on other boards on this site which specialize in this aspect. We discxuss TN related topics here.
 
nelsona: This is in continuation to my previous posting. I wanted to clarify a few things. I wanted to know that fastest path to GC (rather than fastest path to start work).

The only thing I am concerned about at this point is getting a GC as early as possible since my priority date is current, and I have an approved I-140 already. Had filed for I-485 but it was abandoned after I left USA and didn't respond to their RFE (regarding I-485 NOT been signed by me)

FYI - My 6 years of H1B are not yet over and my priority date is locked-in. Do I have to file LCA -> I-140 -> I485 all over again if my H1B transfer happens?
 
These are H1 and AC21 questions.

Why are you asking here?

The questions you need answered are: Is my previous PERM/LC still valid, and do I even have a priority date? My guess is NO, since your I-140 was used towards a failed I-485. So you may have to start the entire process over afgain, witha new PERM and new priority date.

But these are better asked at another board which is more I-140 savvy.

further clarifying your question here is wasting your time.
 
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