John lulu

Hi,
I am a Canadian. I got my H1B from Company A valid from 10/01/2008 to 09/27/2011. I was laid off in April 2009. I got a job using which I obtained a TN visa. I remained on TN visa until now.

My question is:

1. The time I spent on TN will be counted towards my six year H1B limit?

2. If I change to another company today, how much time can the new company claim for my H1B?

Thanks very much.

henryh

IANAL. AIUI:

1. No
2. Approx 4.5 years - that is, 6 years minus the time you already spent in H-1B status, since you have not left the US for the required 1 year to reset the clock. On the bright side, since you have already been counted against the cap once, you are cap-exempt which means your company can file the petition as soon as they like and you can apply for a visa as soon as the petition is approved (you don't have to wait until October). After a while your new company will have to file for renewal, and I'm not sure whether that will be at 3 years from the time this petition is approved, or ~1.5 years (i.e. when you've accumulated 3 years of time in H-1B status). I think the former.

henryh

Oh, since you're Canadian, I guess you don't need to apply for a visa once the petition is approved, you just present yourself at the border with the petition. But you knew that. The rest stands.

md95065

Actually it's probably over 5 years since the OP was only in H-1B status for about 6 months from October 2008 to April 2009. (I think that you may have misread 10/01/2008 as 10th January instead of 1st October ...)

Michael

Just out of curiosity, why do companies bother with H1-B visas when you are eligible for a TN1 visa?

scrubbedexpat099

Job not in TN categories?

henryh

Nope, I miscounted the carry in (2009 - 2008)... need more coffee...

BostonBrit Expat Since 03

[Just out of curiosity, why do companies bother with H1-B visas when you are eligible for a TN1 visa?QUOTE=Boiler;10613964]

greencard cannot be started on a TN

ian-mstm

Sure it can! It's not usual... but it's not impossible.

Ian

BostonBrit Expat Since 03

we were told by a lawyer years (my wife is canadian) ago that is impossible as an H1B is the only "dual intent" visa and applying for a GC on TN shows immigration intent to the border officer who would not be happy......

I also work currently with 3 canadians now who all converted to H1Bs to avoid issues with the GC stage?

just curious as to how this is possible? as TNs are now valid for 3 years and renewable so canadians would never bother to get an H1B if it was possible?

thoughts?

Bob

You need another route though and as it's not dual intent, there's tricky timing involved.

I know a couple of people that did it, getting greencards via marriage, but they had to plan it well, getting the TN renewal in well before AOS'ing.

S Folinsky

Sigh. One of my pet peeves is with my colleagues in the immigration bar on "dual intent." But the myth is so firmly entrenched that it has taken on a aura of real reality.

ian-mstm

The lawyer either doesn't know US immigration law (because the H-1B is not the only dual intent visa), or is just an idiot... because he apparently doesn't fully understand the concept of "dual intent".

Ian

BostonBrit Expat Since 03

He was reffering to our options only of which the TN was one, obviously L visas etc amongst many others can be dual intent.

Anyone have first hand experience of someone going direct from TN to GC?, as I would like to pass that experience along, I havent heard of that personally and have many canadian friends whom have obtained GCs with mulitinational companies switiching to a H1B first..... who I assume dont have idoiotic lawyers working for them.

ian-mstm

Not just "many othes". All visas are dual intent.

Ian