TN status and Green card

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Utahcity

Registered Users (C)
Guys i am working on a TN under 1099 i was told by a friend that i can apply for a green card without going to an H1B. I was just curious if 1099 qualifies me to apply for a green card or does it have to be an H1B? I have around 18 months left on my TN. My company would not apply but they won't care if i take care of the expenses

Thanks
 
There is no connection between being on TN+1099 and eligibility for starting your GC.

It is possible to get your GC without the H1B route - just like many others on this forum did.

Utahcity said:
Guys i am working on a TN under 1099 i was told by a friend that i can apply for a green card without going to an H1B. I was just curious if 1099 qualifies me to apply for a green card or does it have to be an H1B? I have around 18 months left on my TN. My company would not apply but they won't care if i take care of the expenses

Thanks
Click to expand...
 
Hold on. To get a Employment-based GC, you need to be sponsored by an employer, not merely have a client (which is what you have on 1099).

You can go from TN to GC. But, in the end, there needs to be a permanent job that you will be filling, not a client/contractor relationship.
 
Ok. I thought getting a TN requires you to be sponsored by your US employer (and that relationship can be based on either W2 or 1099).

nelsona said:
Hold on. To get a Employment-based GC, you need to be sponsored by an employer, not merely have a client (which is what you have on 1099).
Click to expand...
 
Sponsorship for TN and sponsorship for GC are 2 separate things. TN sponsorship is for a current, temporary service. GC sponsorhip is for a future permanent position.
 
so if its suggested by the client that they will hire me full time in the future would suffice or no?. I am talking about the consulting company
 
Sorry let me rephrase the client will hire me full time to work with them in the future? The client then becomes the company

Thanks
 
If the client wishes to sponsor your GC for a future permanent position, that is permitted, regardless of your current relationship or work status.

But this would have absolutely nothing to do with your current employer. The client would be undertaking this independently of your employer.
 
Utahcity said:
My company would not apply but they won't care if i take care of the expenses

Thanks
Click to expand...

Its OK if you pay the expenses, however, they will need to sign quite a few documents throughout the process, and disclose some of thier financial information to the USCIS proving that they can pay you when they hire you.

So, I'm a little confised by your statement that "Your company would not apply"... They stil need to sign the application, even if you pay for it and your lawyer helps them fill it out, but techically. they are still the "applicant" shown on the I-140.
 
curiousGeorge said:
Its OK if you pay the expenses, however, they will need to sign quite a few documents throughout the process, and disclose some of thier financial information to the USCIS proving that they can pay you when they hire you.
Click to expand...

It's NOT ok - the alien is forbidden to pay for legal fees or LC processing fees.
 
Only certain expenses cannot legally be paid by the beneficiary. These are specifically related to the LC/PERM (and/or H1-B if applicable). All other legal fees and filing expenses, including those for I-140 etc, can be borne by the beneficiary.
 
well i guess the simple thing would be to ask my company (contracting company) to give me a letter where it says they will hire me full time on W2 once approved. They can pay my expenses but will require some of it back. I have to check.
I am a Canadian but orignally from Pakistan i heard it can take around 8 months or so if i apply on EB2 i have a masters degree.
Thanks
 
Your comapny doesn't give you any letter, they file papers with the govt promising to hire you, they go thru PERM and interview other candidates, etc. It is a process THEY must undertake to get YOU GC.

You need to brush up on PERM process.
 
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