TN to H-1B for GC? Is that risky?

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GreenKnight

New Member
Hi everyone... first post.

I'm pursuing a green card through my employer. They've agreed to have the lawyers do the work, but the law-firm says they have to switch me to an H-1B first, and that there are numbers still available currently.

This has me raising an eyebrow or two. Firstly, is this even necessary? I read in other posts here that it's not, but the posts are old; what's the latest on this?

Secondly, am I putting anything on the line by telling them to go ahead and do this? I don't mind having an H-1B instead of a TN (at least for the short-term), but I don't want to try if it's going to carry the risk of losing what I've got now.

Thirdly, my passport is about to expire. I'm about to send in the form and the old passport to get it renewed via mail, but Lord only knows how long that will take. I know it's too much to ask that I not need to have it while the lawyers are working on this, but my real concern is: what happens if I submit a photocopy of my passport that's about to expire, then get it renewed, then the old one expires while I'm still mid-process? Will that hurt my chances?

Thanks all.
 
GreenKnight said:
but the law-firm says they have to switch me to an H-1B first,
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-- Not true.

This has me raising an eyebrow or two. Firstly, is this even necessary? I read in other posts here that it's not, but the posts are old; what's the latest on this?
Click to expand...

-- This is not necessary, you can start (and finish) your GC process while on TN.

Secondly, am I putting anything on the line by telling them to go ahead and do this?
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-- like what? I cannot think of anything that is risky.

what happens if I submit a photocopy of my passport that's about to expire, then get it renewed, then the old one expires while I'm still mid-process? Will that hurt my chances?
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-- Not allowed - you are REQUIRED to submit your ORIGINAL passport to get a new valid passport - the Passport Canada office will not accept a photocopy.
 
I read in other posts here that it's not, but the posts are old; what's the latest on this?
Click to expand...
C'mon, your case is not that unique. The posts are up-to-date.

You can renew your passport without giving in your current one, but only if you get permission from your local consular office, which will take delivery of your new one, and then trade it for your old one. Only practical if you live in a US city with a Consulate.

In any event, you don't need H1, and your lawyers certainly don't need your original passsport, so don't worry about sending passport to Canada (keep the I-94 in your possession). make the lawyers a complete copy and that is all that is needed. I applied for 1 TN 3 H1's and a GC, and my passport was never in the possesion of the lawyers.
 
Thanks all, I appreciate the quick write-back.

My question regarding the passport was not whether I don't have to send the passport in for renewel; I had fully intended to do that (although, thanks, nelsona, for that alternative... I'll keep it in mind). Rather, I was concerned about what happens if I'm applying for a green card through my company, but the copy of the passport they have for processing expires mid-process.

As for the risks I'm concerned about, I just wanted to ensure that there are no silly loopholes; i.e. that if I apply for an H-1B, and it fails, that the TN visa isn't affected. It sounds like not.

Thanks again!
 
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