TN visa to H1b

C

cndbacon

New Member
Hello. I am trying to figure out my options and need a little more info.

I've been in the US since 7/04 on TNs and am currently have 2.5 more years on my TN.

1) if I apply for H1b right now - does the clock start ticking as soon as I get it? Can I stay on TN until 2012? I think probably not but worth a shot.

2) If I am on H1b for say 5 years, can I work for another employer with a TN visa?

3) how long can one work under the TN visa? How many times will it be approved?

thanks!

My employer is offering to do a green card but my masters and my job are pretty much unrelated (maternal and child health - medical diagnostics) and I don't want to waste the time and money.
 
cndbacon said:
1) if I apply for H1b right now - does the clock start ticking as soon as I get it? Can I stay on TN until 2012? I think probably not but worth a shot.
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-- The clock starts as soon as you activate your H1B. Or if it is a change of status case, it is activated on its first day - in that case you are no longer on TN on the day your H1 status is activated.

2) If I am on H1b for say 5 years, can I work for another employer with a TN visa?
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-- Yes. But you cannot have TN and H1 status simultaneously. You lose H1 as soon as you start your TN and vice-versa.

3) how long can one work under the TN visa? How many times will it be approved?
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-- There is no time limit on TN renewals. It will be approved as long as your paperwork is perfect and also, as long as you do not run into any "cowboy" immigration officer.
 
Thanks for your reply..most helpful.

Ok so one last situation - I apply for H1b in a year where there is a lottery. I don't get picked in the lottery. If my TN expires later that year and I apply for renewal, will that be a problem (assuming we don't meet up with our "cowboy" friends)

I am kind of chicken to apply for my green card because I am not sure they would approve the EB2 status and not 100 percent sure I want to leave Canada forever.
 
cndbacon said:
Ok so one last situation - I apply for H1b in a year where there is a lottery. I don't get picked in the lottery. If my TN expires later that year and I apply for renewal, will that be a problem (assuming we don't meet up with our "cowboy" friends)
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No. Having an employer petition for an H-1, only to be denied based on quota exhaustion, is in no way harmful to a TN renewal.
 
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