Mk

Dear friends,

I am a Software Professional and am a citizen of Canada. I have been offered
a job in the USA and I think I can work on TN visa. If I work on TN visa
then can I apply for a green card in the US? Do I have to convert later to
H1B to apply for green card? Also, can some one working on TN work on hourly
rate and get 1099 for US taxation purposes?

I will very much appreciate your responses.

Regards,
MK

crg

TN holders are required to maintain a foreign residence to return to, and there is no direct line from TN to green card. The H1B can lead to a green card so it would be preferred. The problem is that H1Bs are harder to get. I don't know about the tax situation.

Fred

MK wrote:
    > Dear friends,
    >
    > I am a Software Professional and am a citizen of Canada. I have been offered
    > a job in the USA and I think I can work on TN visa. If I work on TN visa
    > then can I apply for a green card in the US?

Eventually, yes. After three years is what I recall, but do check to
verify the timeline.

    > Do I have to convert later to
    > H1B to apply for green card?

No.

    > Also, can some one working on TN work on hourly
    > rate and get 1099 for US taxation purposes?

A person working legally in the US will get a W2 for US taxation purposes.

Andrew Wilson

You do not need to change from TN status to H-1B in order to go for a green card. Many TN individuals pursue and obtain a green card, so there is no need to change to an H-1B if that was the only reason. In fact, most of our Canadian clients stay in TN status throughout the green card process, and I suspect will continue to do so with the increased H-1B filing fees.

Right now it is best to use the TN because the H-1B cap is hit and will not be available again until October 1, 2005.

You do not need to be paid out of the US or as an employee to be a TN. You can be paid hourly if you want and even as a contractor for tax purposes if you and the company wish.

Good luck.

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

crg

Does having a TN help the I-140 process go forward or would the process progress the same way if the person was in another category or outside of the U.S. altogether? If someone is lucky enough to get an H1B and fees are not an concern, would they have an advantage over a TN when it comes to getting a green card?

Andrew Wilson

The I-140 process is not affected by whether the individual is in TN status or H-1B, or even outside of the U.S. Processing times and underlying eligibility are not affected by the person's non-immigrant status.

Someone in H-1B status really does not have any advantage over someone in TN status with respect to the green card process. The main pros to point to though would be a 3 year duration rather than only 1 year, and the elimination of any dual intent issue. Dual intent, however, can be irrelevant for Canadians though if they plan to immigrant visa process for the green card. Also, if they do want to adjust, they can simply file a concurrent filing with the I-140 and I-485 at the same time.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

Rete

Your post has only served to confuse me as it is contrary to the posts from the marriage-based immigration attorneys who claim that the TN is not a dual purpose visa and one cannot adjust status from it, i.e. obtain a greencard. Nor can a purpose with a USC love interest take a TN position if they intend to marry their USC love interest as it would be considered fraudulent. So their advice and yours is so contrary I don't know who to believe.

Rita Wilson ... who is not a relative of Andrew's

Andrew Wilson

I do not know if it is a case of who to belive because each case can be different. I can tell you we handle many TN's for Canadians who pursue and obtain a green card and who maintain their TN status throughout.

I know that many people belive that you cannot pursue a green card while being in TN status, but that is simply not true. We have done it for family-based and employment-based individuals. Again every case is unique, but there are many scenarios where Canadians on TN status may successfully obtain legal permanenet resident status.

I know why some people may think it is not possible, but many people stay in TN status throughout the entire green card process. in fact, just as a point of reference, I just handled a TN for someone with a US citizen wife and who had an appointment with the US Consulate in Montreal coming up for his green card. if he wanted to adjust within the US, however, he would not be able to obtain the TN.

I bring it up because it is an interesting issue and a common misconception.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
Immigration Law

Mk

Thanks to Mr. Wilson, Rete and Fred for their postings. I have some
questions still:

1. As I understand Mr. Wilson's post, TN people can apply for green card
after 3 years and
H1B people can apply after only one year of employment in the US. Am I
correct? Please clarify.

2. Which will be easier and quicker for green card? TN or H1B? Any guess on
the number of years
it might take for some one applying for green card on TN? Also, how much
roughly is the
expense involved for some one on TN applying for a green card?

Hoping to get your responses.

Regards,
MK

"Andrew Wilson" <member17830@british_expats.com> wrote in message
news:[email protected] m...
    >> Your post has only served to confuse me as it is contrary to the posts
    >> from the marriage-based immigration attorneys who claim that the TN is
    >> not a dual purpose visa and one cannot adjust status from it, i.e.
    >> obtain a greencard. Nor can a purpose with a USC love interest take a
    >> TN position if they intend to marry their USC love interest as it
    >> would be considered fraudulent. So their advice and yours is so
    >> contrary I don't know who to believe.
    >> Rita Wilson ... who is not a relative of Andrew's
    > I do not know if it is a case of who to belive because each case can be
    > different. I can tell you we handle many TN's for Canadians who pursue
    > and obtain a green card and who maintain their TN status throughout.
    > I know that many people belive that you cannot pursue a green card while
    > being in TN status, but that is simply not true. We have done it for
    > family-based and employment-based individuals. Again every case is
    > unique, but there are many scenarios where Canadians on TN status may
    > successfully obtain legal permanenet resident status.
    > I know why some people may think it is not possible, but many people
    > stay in TN status throughout the entire green card process. in fact,
    > just as a point of reference, I just handled a TN for someone with a US
    > citizen wife and who had an appointment with the US Consulate in
    > Montreal coming up for his green card. if he wanted to adjust within
    > the US, however, he would not be able to obtain the TN.
    > I bring it up because it is an interesting issue and a common
    > misconception.
    > Regards,
    > Andrew M. Wilson, Esq.
    > Serotte Reich Wilson, LLP
    > [email protected]
    > www.srwlawyers.com
    > Immigration Law
    > --
    > Posted via http://britishexpats.com

Bill

On Fri, 28 Jan 2005 20:58:03 +0000, Rete <[email protected]>
wrote:


    >Your post has only served to confuse me as it is contrary to the posts
    >from the marriage-based immigration attorneys who claim that the TN is
    >not a dual purpose visa and one cannot adjust status from it, i.e.
    >obtain a greencard. Nor can a purpose with a USC love interest take a
    >TN position if they intend to marry their USC love interest as it would
    >be considered fraudulent. So their advice and yours is so contrary I
    >don't know who to believe.
I know where you're coming from, Rita. Since TN is not explicitly
a dual-purpose status, one shouldn't be able to do an employment-
based adjustment. However, the service centers are doing just that.
With an approved I-140, they are allowing AOS for TN holders. Atty.
Joe Grasmick in Buffalo specializes in this type of case. Plenty of
info at grasmick.com. I imagine that CIS could issue a directive
tomorrow ordering the centers to stop approving such petitions,
but they're going through right now.

Andrew Wilson

MK,

To clarify some of your points. An individual either in TN or H-1B status can strat the green card process at anytime. There is no need to wait one tear or three years or any amount of time. In fact, the green card process could be strated even before someone entered the US in any status, or completed while the person is abroad the entire time. Therefore, there is no requirement to wait any amount of time before strating the green card process.

In addition, the processing time does not chnage if the person is in TN or H-1B status. The processing time is the same, with no differences between TN or H-1B status. Also, the procedures will be the same so there should be no difference in cost.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson
[email protected]
www.srwlawyers.com
Immigration Law

crg

Correct me if I'm wrong, but there can be disadvantages to adjusting from to LPR from TN vs. H1B. A TN with a pending I-485 would need a parole letter prior to travelling because immigrant intent would make readmission at the border very risky. H1B would have a slight advantage in that regard because they are allowed to have immigrant intent.

Andrew Wilson

That is correct. If a TN were going to adjust, they would need to file for I-765 work permission and I-131 travel permission, whereas an H-1B would not necessarily need to file those. Many Canadians, however, choose to go through immigrant visa processing rather than adjustment of status because it is much quicker. This should allow them to maintain their Tn status throughout the process.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
Immigration Law

F H

As far as I know,

- You can NOT apply for green card, and if you apply for green card or you
have any plan to permanently stay in US, you will NOT be qualified for TN
status.
- The legal way to get a green card is to switch from TN to H1B (or get the
H1B in the first place) and then apply for green card
- If you work on TN you can be on either permanent or contract position. If
on contract the options are W2 or corp to corp (No 1099). in order to do
"corp to corp", you need to register a corporation in Canada (NOT in US)


"Fred" <[email protected]> wrote in message
news:[email protected]. net...
    > MK wrote:
    > > Dear friends,
    > >
    > > I am a Software Professional and am a citizen of Canada. I have been
offered
    > > a job in the USA and I think I can work on TN visa. If I work on TN visa
    > > then can I apply for a green card in the US?
    > Eventually, yes. After three years is what I recall, but do check to
    > verify the timeline.
    > > Do I have to convert later to
    > > H1B to apply for green card?
    > No.
    > > Also, can some one working on TN work on hourly
    > > rate and get 1099 for US taxation purposes?
    > A person working legally in the US will get a W2 for US taxation purposes.