What happens if your company fires you or goes bankrupt

S

smaug87

New Member
Hi guys, I have a question about my job situation.

I am currently under TN for my company and was approved for H1B. So, I plan to switch to H1B once it becomes Oct 1st. My question is I heard my company may lay off people in near future. However, for now the job is pretty good.

My question is.

1) Can I work with 2 jobs (1 my original and another job with less pay but more stable for my GC process/sponsorship)
2) If this is possble, what is the best plan of action? Should I be under TN or go for H1B and work 2 jobs?
3) My lawyer told me getting GC with 2 jobs is tough. How tough is it?

Thank you.
 
1. Only if you get another H1-B for that job (difficult to get H1-B approval for 2nd full time job). Your other choice is to stay on TN, and get a second TN for the other job (very easy). But you cannot have both a TN job and an H1-B job concurrently. Choose 2 TN's or 2 H1-B's.
2. TN would be the best course.
3. It is not the getting of GC with 2 jobs that is difficult, it is either (a) getting a second H1-B, or (b) convincing your sponsor, who went through the trouble/expense of getting you an H1-B, to let you go back on TN and knowing that you are doing this to work elsewhere. They will question your commitment to them, which will in turn, reduce their commitment to you.

This is one of the reasons it is not so good to go on H1-B if you are on TN just top assuage some inexperienced lawyer's fear of going TN to GC route, since H1-B is not required for GC sponsorship, and allows for flexibility in getting other jobs/contracts while keeping your initial employer and/or sponsor happy.

But, keep in mind, that until you get a GC, you are merely a temp worker here in US. You can be let go, not renewed, denied by border, etc. Live and prepare accordingly.
 
Last edited:
nelsona said:
1. Only if you get another H1-B for that job (difficult to get H1-B approval for 2nd full time job). Your other choice is to stay on TN, and get a second TN for the other job (very easy). But you cannot have both a TN job and an H1-B job concurrently. Choose 2 TN's or 2 H1-B's.
2. TN would be the best course.
3. It is not the getting of GC with 2 jobs that is difficult, it is either (a) getting a second H1-B, or (b) convincing your sponsor, who went through the trouble/expense of getting you an H1-B, to let you go back on TN and knowing that you are doing this to work elsewhere. They will question your commitment to them, which will in turn, reduce their commitment to you.

This is one of the reasons it is not so good to go on H1-B if you are on TN just top assuage some inexperienced lawyer's fear of going TN to GC route, since H1-B is not required for GC sponsorship, and allows for flexibility in getting other jobs/contracts while keeping your initial employer and/or sponsor happy.

But, keep in mind, that until you get a GC, you are merely a temp worker here in US. You can be let go, not renewed, denied by border, etc. Live and prepare accordingly.
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Thank you for your knowledgable response as always.

What would happen, say I stay under H1B with this company and try to go for GC and things go bad. Is it easy to transfer H1B and GC process to different office?
 
Only if you reach a certain point in the GC process, under a clause known as AC21. Please refer this to the forums on H1-B and/or GC. Not a TN question.
 
H-1B is portable to a new employer without having to reach any particular point in the GC process. For the GC process itself to be portable you need to have reached a certain stage in that process. It is true these are not really TN questions.
 
I am sorry guys. This is not really a TN question but I asked it here because it can potentially be one. I am in a situation where my main job (company A) is a little unstable but has a nice pay and I can get a side job (1~2 days a week) from company B (which my lawyer said is much more suitable for GC process but much less salary). Is it possible that under TN that I work 2 jobs and get GC process from my side job? If so, should I drop H1B?
 
Already answered: "Your other choice is to stay on TN, and get a second TN for the other job (very easy)"
 
It is certainly theoretically possible to pursue GC via a part time job. I will defer to your attorney as to whether it is viable given your particular job and circumstances.
 
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