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MessageThese comments come from a reader I have never met but who
has been there, done that and regularly suggests points I have
missed, left out or plain forgotten about.
I think that these comments about the TN <> H1 Visa status are
right on point. I have added the red to his comment below.
Thanks Andrew
= =======================================
David, I have been on both TN and H1-B, and agree wholeheartedly
that the Green Card process is much smoother on an H1.
While dual intent is not an issue until one actually files the
I-485 (which is done AFTER Labour Certification is approved), and
indeed many TNs have been successful in making the transition,
the BCIS is in such disarray since 9/11 that, more and more
frequently, TNs awaiting their EAD (which they get about 2 years
before GC) are being forced to get an "emergency" H1, and some
minor delay leaves them stranded in the US, and unable to
travel, as their TN nears expiration, and with work authorization
soon expiring.
TN to EAD to GC relies on "perfect" timing, and excellent service
from BCIS -- something that has become more and more rare these
days.
As to company reluctance to get this person an H1. This is false
economy. If the company is using a legal firm to do the yearly
TN paperwork, 3 TNs will cost as much as an H1. Plus an H1
application can be worded much more liberally to allow for
movement within the firm. A TN petition is usually tied to VERY
specific work tasks, and even a promotion is at time impossible
for one on TN, due to the restrictions on "managerial" roles.
The GC process is very long these days (at least 4 years in most
states) and requires much co-operation and mutual trust between
the firm and worker. If a new immigrant employee is beginning
their relationship with disagreements in this regard, it would
likely be better to go elsewhere before too much wasted time is
invested.
A XXXXXXXXXXX
-----Original Message-----
From: [email protected]
[mailto:[email protected]]
Sent: Friday, September 12, 2003 02:14
To: CENTAPEDE
Subject: TN versus H1B visa, labour certification
and Green Card- Canadian In the USA
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
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