TN to H1B and travel on TN

W

waterloo

Registered Users (C)
I am Canadian citizen and working for Company-A on TN visa from last 3 years. My TN visa is going to expire by the end of June 2009. Since my current company doesn’t want to apply for H1B. I am going to renew my TN visa by Jun 2009. I am looking & planning to apply for H1B from another company lets say Company-B for 2010 quota year in the month of April 2009. I believe 2010 quota would be effective from Oct 1st 2009. Is that a good idea and appreciate your thoughts?

In June 2009, I will be going to renew our TN/TD visas which is with Company-A & in the month of July-Aug 2009, we need to visit India for family reasons. My question is --Would there be any issues while reentering USA based on the TN visa if H1B (applied by Company B) is approved by that time. If H1B is not approved, I guess there would be no issues while coming back and continue to work on TN visa for company A.

Appreciate your thoughts and suggestions.
 
No issues. In fact, you would have to leave country and re-enter around Oct 01 anyways, since you wouldn't get an I-94 from the I-129 process.

So, regardless of where you go or what is apperoved, you will eneter on TN until Oct 01, 2009, and, if H1 is approved, on H1 therafter.
 
Thanks for your views on my travel question..

Do you think applying H1B is still a better idea or going to 3 year TN renewal.. Long term plan is to go for GC.
 
The issue is not TN or H1. The issue is will your sponsor sit on his thumb waiting for you to get H1, or will he begin persuit of PERM/I-140 etc TODAY. You never needed 3-year TN in the first place.

3-year TN was not put in place to make gettig GC easier. It was put in place to make it easier to hire TNers for longer term.

Don't let anything delay starting PERM.
 
Since going to GC from TN is quite insecure way. I am planning to go to H1 first & then GC. What do you say nelson. My undesrtanding is based on the messages I read on this forum and couple of other forums. Thanks for your suggestions, they are worth while.
 
Yeah, asking me what I think betrays a complete lack of understanding of the messages on this forum.
 
I think my words didn't conveyed what I mean by. I should say going to GC from TN is risky way (rather than insecure) with respect to the timelines it takes for the process.

Since nelson responded, I asked the next question to him. Everyone had great inputs in this forum. Keep up the good work. Thanks once again.
 
The only risk we should be talking about is any unnecessary waiting time, while HRs and lawyers decide which thumb to stick in next.

Time was, when we would get LC/PERM started before we even began working...

3-year TN has just become another HR sleep-inducing manoeuvre that just delays decision on GC while they underpay you, overwork you, until they can lay you off.
 
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