TN1 to H1B

R

ralph171

New Member
Hi Nelsona,

Is it advisable to move from TN1 to H1B. I have recently joined an IT firm on TN1 Visa and since I had difficulty in getting the Tn1 approved. I want to plan ahead if I should get it convert under H1B for longer stay with the current organization. Any advise on your end will be highly appreciated. Thank you.
 
Hi @nelsona :
I am purely only thinking from job security perspective and not GC perspective [since I am born in Asia H1B --> GC will take forever for me.] , I want to ensure longer stay in the country so is it advisable to apply for H1B lottery, file I-140 and renew H1B OR keep renewing TN visa until failure - which is a better state to be in and which has better security and chances when it comes to renewals.
Please comment and advise on your take.
Thanks you.
 
Whether you are on H1 or TN, if you lose your job, you still need to find another job to stay in US,
H1-B puts and I-140 puts more responsibility on the employer.

I would invest some research as to why your TN was 'difficult', and make sure you've addressed those issues next time you apply.
 
Thank you @nelsona , Yes I have addressed all the issues for TN (all thanks to you, you have been a great help and guided on all my posts in this forum)
I am in a dilemma currently, as I have an option to apply for H1B lottery and employer is supportive -- should I consider changing to H1B status or keep working on TN :)
 
If your employer is willing, then apply for H1. It doesn't 'help' you in the scenario you came here with however.
 
I would suggest switching to H-1B status given that you have the opportunity to do so. The reason is that if you do eventually get the opportunity to apply for adjustment of status (I-485) then having H-1B status at that time will give you more flexibility in travelling. If you urgently need to travel after your I-485 is filed, but you are still in TN status at that time, you will probably not be able to get back into the US for a period of time. You might think "that's ok, I just won't travel" but with aging parents and other issues you cannot be sure of that.

As nelsona points out, the H-1B status places additional obligations on employers. If you want to switch employers later, you might find that some employers will only hire you on TN and not on H-1B. But if you really want to work for such an employer, that's fine. You can switch from H-1B back to TN to work for that employer, and then later you can switch back to H-1B again (without having to go through the lottery a second time) assuming you have a supportive employer. So, winning the H-1B lottery and switching to H-1B status now just gives you more flexibility in the future since you will be able to retain a choice between H-1B and TN status.
 
H1-B prevents you from doing any side jobs for clients that could be done with multiple TNs. Agree that H1-B portability rules can be advantageous.
 
nelsona said:
H1-B prevents you from doing any side jobs for clients that could be done with multiple TNs. Agree that H1-B portability rules can be advantageous.
Click to expand...
Well, if someone wants to work for multiple employers while on H-1B status, it is possible to do so as long as all additional employers also file H-1B petitions. But it might be hard to find side jobs that are willing to do this. So in that sense, I guess TN can give more flexibility for some people.
 
This is where one may run afoul of the part-time full-time arrangement.

Most CIS agents H1-B if one will not approve another if one already has a full time H1-B -- Remember, unlike TN, H1-B filings have a Labor Condition Application (LCA) in place, which stipulates hours and other working conditions which must continually be met.
That discussion would be for the H1-B forum.

TNs can be obtained for side jobs, one-time jobs, etc.
 
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