Migrate TN1 to H-1B
May 5th 2004, 3:07 pm
#1
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Joined: May 2004
Posts: 1
Migrate TN1 to H-1B
Hi all,
I got my TN renewed last month and start to think about H-1b. It seems a bit tricky. Here are my questions,
1. Is it too soon for me to start H-1 application right after TN renewal? I am worried this may cause trouble.
2. one technical question. from TN to H1 with the same employer, can it be considered a new employement or just a change of status. If this is treated as new employment, probably they won't care about my TN status. I-129 form doesn't require prior petition number if it is new employment.
3. If H-1b failed, will it affect my current TN status?
any input is appreciated.
I got my TN renewed last month and start to think about H-1b. It seems a bit tricky. Here are my questions,
1. Is it too soon for me to start H-1 application right after TN renewal? I am worried this may cause trouble.
2. one technical question. from TN to H1 with the same employer, can it be considered a new employement or just a change of status. If this is treated as new employment, probably they won't care about my TN status. I-129 form doesn't require prior petition number if it is new employment.
3. If H-1b failed, will it affect my current TN status?
any input is appreciated.
May 6th 2004, 2:09 am
#2
Guest
Posts: n/a
Re: Migrate TN1 to H-1B
Jasonh wrote:
>
> Hi all,
> I got my TN renewed last month and start to think about H-1b.
> It seems a bit tricky. Here are my questions,
> 1. Is it too soon for me
> to start H-1 application right after TN renewal? I am worried this may
> cause trouble.
Given that the H1Bs have run out until October ... no.
> 2. one technical question. from TN to H1 with the same
> employer, can it be considered a new employement or just a change of
> status. If this is treated as new employment, probably they won't care
> about my TN status. I-129 form doesn't require prior petition number if
> it is new employment.
As a change of status, you can remain in the US. As a "new employment"
you must leave and re-enter the US.
> 3. If H-1b failed, will it affect my current TN
> status?
It may do, depending on the reasons for the failure of the H1B. Any
time you are being scrutinized by the BCIS your existing status is
potentially subject to review. It's unlikely to affect it unless
there's something in your past that was not picked up like incomplete
education or some criminal issue, or some prior issue with immigration
that was missed when you got the TN.
The H1B is applied for by your employer who must make a Labour Condition
Attestation. While it's not difficult to do the paperwork for an H1B,
it is generally accepted that employers get immigration attorneys
involved.
>
> Hi all,
> I got my TN renewed last month and start to think about H-1b.
> It seems a bit tricky. Here are my questions,
> 1. Is it too soon for me
> to start H-1 application right after TN renewal? I am worried this may
> cause trouble.
Given that the H1Bs have run out until October ... no.
> 2. one technical question. from TN to H1 with the same
> employer, can it be considered a new employement or just a change of
> status. If this is treated as new employment, probably they won't care
> about my TN status. I-129 form doesn't require prior petition number if
> it is new employment.
As a change of status, you can remain in the US. As a "new employment"
you must leave and re-enter the US.
> 3. If H-1b failed, will it affect my current TN
> status?
It may do, depending on the reasons for the failure of the H1B. Any
time you are being scrutinized by the BCIS your existing status is
potentially subject to review. It's unlikely to affect it unless
there's something in your past that was not picked up like incomplete
education or some criminal issue, or some prior issue with immigration
that was missed when you got the TN.
The H1B is applied for by your employer who must make a Labour Condition
Attestation. While it's not difficult to do the paperwork for an H1B,
it is generally accepted that employers get immigration attorneys
involved.
May 8th 2004, 7:22 pm
#3
Guest
Posts: n/a
Re: Migrate TN1 to H-1B
On Thu, 06 May 2004 03:07:14 +0000, Jasonh wrote:
> Hi all,
> I got my TN renewed last month and start to think about H-1b. It seems a
> bit tricky. Here are my questions, 1. Is it too soon for me
> to start H-1 application right after TN renewal? I am worried this may
> cause trouble.
As SB said: you won't get it until October anyway. Now is a good time to
apply.
> 2. one technical question. from TN to H1 with the same employer, can it
> be considered a new employement or just a change of status. If this is
> treated as new employment, probably they won't care about my TN status.
> I-129 form doesn't require prior petition number if it is new
> employment.
The two things aren't mutually exclusive, but rather unrelated. On the
I-129, you would check both boxes (they are responses to different
questions anyway).
> 3. If H-1b failed, will it affect my current TN status?
Not directly. Depending on the reasons for the denial, it is conceivable
that you may run into problems renewing the TN.
Of course, if the H-1B is denied for something like a criminal history or
some other reason of inadmissibility, then you would be considered
deportable. That's a pretty rare situation, though.
> any input is appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi all,
> I got my TN renewed last month and start to think about H-1b. It seems a
> bit tricky. Here are my questions, 1. Is it too soon for me
> to start H-1 application right after TN renewal? I am worried this may
> cause trouble.
As SB said: you won't get it until October anyway. Now is a good time to
apply.
> 2. one technical question. from TN to H1 with the same employer, can it
> be considered a new employement or just a change of status. If this is
> treated as new employment, probably they won't care about my TN status.
> I-129 form doesn't require prior petition number if it is new
> employment.
The two things aren't mutually exclusive, but rather unrelated. On the
I-129, you would check both boxes (they are responses to different
questions anyway).
> 3. If H-1b failed, will it affect my current TN status?
Not directly. Depending on the reasons for the denial, it is conceivable
that you may run into problems renewing the TN.
Of course, if the H-1B is denied for something like a criminal history or
some other reason of inadmissibility, then you would be considered
deportable. That's a pretty rare situation, though.
> any input is appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
