Tn-tn-h1b

Q

quasar81

New Member
I am Canadian citizen and wish to stay in US for 12yrs continuous to support my 2 children's(US Citizen) education. I do have employment offer in engineering trade in US which qualifies for bothTN and H1B.
What would be the best way for this continuous stay with minimum hassle -TN to H1B to TN, TN-TN-H1B,H1B-TN-TN.....and I donot want to apply US PR as I will be back in Canada after kids graduate..
 
quasar81 said:
I am Canadian citizen and wish to stay in US for 12yrs continuous to support my 2 children's(US Citizen) education. I do have employment offer in engineering trade in US which qualifies for bothTN and H1B.
What would be the best way for this continuous stay with minimum hassle -TN to H1B to TN, TN-TN-H1B,H1B-TN-TN.....and I donot want to apply US PR as I will be back in Canada after kids graduate..
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Any option not involving starting on H-1B will potentially work. You can't start an H-1B until Oct 2014 due to cap availability unless you are cap exempt.

The risks of the TN are that there is some risk of denial if you stay in TN status for too long--although there is no hard and fast time limit. Plus IMHO it is a more limiting status than H-1B. There's no hard and fast rule saying that you couldn't just get four consecutive three year TN's. But if you've been in exactly the same job for 9 years, by the time of your final renewal USCIS/CBP may begin to question whether the arrangement is truly temporary.

The biggest problem with the H-1B these days is that there is a level of randomness to it. One needs to apply in early April for a position that will start in October--and in recent years the cap has been exceeded almost immediately when applications selected at random for approval/rejection.

So you have to have some flexibility in your strategy because there is no guarantee that you will get an H-1B any given year.

If it were me, I'd start with a TN and then apply for an H-1B every year--beginning next year--until I got it. In parallel I'd start GC processing. There's absolutely no downside to having a GC (except in the very unlikely event that you are male, under 26, and the draft is reinstated). If things go as planned you can give it up almost as easily as giving up a TN or H-1B if you do end up going back to Canada as planned.

The GC application has the additional advantage that it allows your H-1B to be renewed beyond 6 years--even if your visa number is not yet current. If you know you are going to be in the US for the next 12 years I really see no reason not to apply for a GC.

The primary risk of the H-1B is that it has become somewhat random who gets an H-1B.
 
The person said he/she is not interested in GC! Why would you even go to the extent of talking about "draft"?! Stay on the subject please. Also, on a PR status you are required to live in the US for 6 months of the year.
 
A reason for getting Gc is that, without it, he could be forced to leave US at a moments notice if he loses his job. This could be very disruptive to his kids I would think.
 
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OttawaSenators said:
The person said he/she is not interested in GC! Why would you even go to the extent of talking about "draft"?! Stay on the subject please. Also, on a PR status you are required to live in the US for 6 months of the year.
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Because I didn't understand the OP's reason for not wanting a GC. The reason cited--a desire to move back to Canada in 12 years--was something I didn't understand because there's no rule saying a GC holder can't give up their GC and go back to Canada. And with US citizen kids in school presumably the OP will be in the US well over 6 months each year and won't have trouble maintaining a GC.

The OP gave me only three options to choose from: H-1B->TN->TN, TN->H-1B->TN, and TN->TN->H-1B--presumably thinking 6 years (H-1B) + 3 years (1st TN)+ 3 years (2nd TN)= 12 years. Given the random nature of the H-1B, none of those three options are guaranteed to work, even if the "temporary" nature of a 12 year stay isn't questioned. I had to suggest options beyond the ones that the OP put on the table because the options suggest by OP aren't guaranteed to work.

And Nelson's point is valid: even if the temporary nature of the TN's isn't questioned, losing a job causes the status (TN or H-1B) to become invalid immediately.

Perhaps the OP has a very strong reason for wishing to avoid a GC--one that outweighs the risks to the family that have been mentioned--that OP prefers not to share. If so my recommendation would be to stay as long as possible on TN and then switch to H-1B.
 
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And being in US for 12 years, subjects one to the same exit tax situation that having and rescinding GC would bring. While on US soil, a TNer has about the same obligations that a GCer does.

As to a reason, all we have to work with is the cryptic " I do not want to apply US PR as I will be back in Canada after kids graduate", which isn't much or a reason not to get GC.
 
Maybe his/her employer doesn't wants to sponsor for GC. I've been with the same employer for 9 years on TN-H1-TN and they don't want to sponsor. Pretty good job too. I'm starting to think the same way that I don't want to retire here in the US with all its problems :)
 
As a matter of fact, one time the CBP officer asked me why I wasn't eagor about GC and finding an employer who'd sponsor me. I replied that I didn't want to retire in the US anyway and had no long term plans of living here.
 
Ottawa, that isn't a reason for YOU not to get a GC, that is simply being content to put up with your situation. Good for you. It would be nice to be able to decide when to retire to Canada however, which is not really in your control at this point.

Our poster said THEY did not want to get GC, becasue they will be leaving in 12 years. TN and H1 do nothing to assure that goal.
 
OttawaSenators said:
Maybe his/her employer doesn't wants to sponsor for GC.
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This is certainly possible but quasar81 said it was his/her own choice, not the employer's decision. I would have replied differently had it been the employer's decision. It certainly happens that you can get an employer who won't sponsor for whatever reason but it is otherwise a good job.

OttawaSenators said:
I've been with the same employer for 9 years on TN-H1-TN and they don't want to sponsor.
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That may work indefinitely and it may not. I assume you've used up your 6 years on H-1B. A lot of people seem to be able to stay on TN indefinitely and the extended stay as a nonimmigrant does tend to be evidence that you don't intend to apply for GC. However it only takes one officer who has a problem with what you're doing and then you'll need to find a Plan B.

OttawaSenators said:
Pretty good job too. I'm starting to think the same way that I don't want to retire here in the US with all its problems :)
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I'm wondering about retiring in the US myself--even as a naturalized USC--but temporary visas were just too inflexible for me after awhile.
 
Thanks everybody so much for your guidance....

I agree applying for GC is a good route. But my employer, at least so far, is reluctant to go through this hassle. It is a pretty small company so to speak. Maybe things change down the road, but I have to have my 12yr best possible scenario ready.

So far, what I am reading(apart from GC) is to take TN-TN-H1B route..since 3rd time TN would be a risk, 3rd time H1B won't as much.please letme know if there is another best and why. Again thank you so much!!
 
quasar81 said:
So far, what I am reading(apart from GC) is to take TN-TN-H1B route..since 3rd time TN would be a risk, 3rd time H1B won't as much.please letme know if there is another best and why. Again thank you so much!!
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To stay in the US for 12 years as a nonimmigrant without ever starting the GC process, you are going to need a 3rd TN unless the timing works out absolutely perfectly. And it is hard to see how the timing can work out absolutely perfectly, since you basically want to stay for 12 school years, and the timing of H-1B's (which usually begin on Oct 1) doesn't really mesh with the school year.

That said, a 3rd time TN is usually not that big a risk. They are supposed to be renewable indefinitely, but it is just that if any officer interprets that you have immigrant intent, you have a problem. My impression is that usually even if you get an officer who decides to play hardball, they warn you that the current renewal will be your last renewal--but that gives you 3 years to come up with a Plan B.

The bigger risk is of losing your job and then needing to file for a change to B2 status and leave the country imminently if you can't find a job quickly. Since jobs can be lost at any time--and not necessarily at a time that is convenient for you/your children--that is hard to plan for.
 
a 3rd time TN is usually not that big a risk.
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I agree. There is no 'limt' on the number or overall length of a person's TN life. Threats that "this is your last TN" can be completely ignored -- or easily countered with a mail-in renewal. I would not worry about this.

As cal suggested. TN for as long as you need to until/if you get an H1, and ride that clock as long as you need (kkeping track of non-h1 days can also lenghten your time on H1), then go back on TN. But try to convince to get GC going. Or maybe you will marry USC and go that route.

Which brings another benefit of GC. Should you be married to a non-resident, it would be nice to be able to give them a status that allowed that person unrestricted work. Just be sure you are marrid before GC is granted.
 
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Quite the contrary. The longer one is on temp status, the more it proves one is not interested in permanent status.
 
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