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hi david,
i'm a canadian working in the US as a health professional.
I'm currently on a TN-1 Visa and my company has started applying for a labour certificate. My concern is with the apparent conflict of interest between these two visa's. Is it true that i could be denied a green card if US Customs finds out that i'm on a "temporary" TN-1 visa? I thought the correct and "safer" procedure was to apply for an H1b Visa first before the
green card.
When I inquired about the H1b visa the company lawyer told
me that they won't apply for the h1b visa until i've renewed my tn-1 visa 3 times. Is this just a way for my company to prolong my h1b visa so that i won't leave to work for another company? To my knowledge it doesn't take that long for the H1b visa procedure. Please let me know of your opinion
and of any advice that you may have for me. Much appreciated,
JXCXXXX
__________________________________________________________
david ingram replies:
Inmy opinion, you should get the H1-B visa first. If you were to come back to Canada and went to re-enter the United States, an astute and alert officer who interviewed you on re-entry could take away your TN status if he or she found out that you were intending to stay more than a year and had a labour certification application pending.
I know that many US lawyers attempt and sometimes succeed taking someone from a TN to a green card but in my opinion they are playing Russian Roulette with your status.
The H1-B is a dual status visa. It is permissble to apply for a green card with an H1-B. It is NOT permissable top apply for a Green Card while in TN-Status.
Your company has less financial responsibilites and would find it far easier and cheaper to get rid of you on TN status than with an H1-B.
Give em hell. Demand your H1-B FIRST.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
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