BestOption Changing From TN To H1B Inorder toapply GreenCard

bal
New Member



Joined: 14 Jun 2008
Posts: 1
Location: Boston

Posted: Sat Jun 14, 2008 8:37 pm

 

---

Hi Fellow Canadians
I am working in USA last 2 years in TN, this year I applied for H1B[My Application selected in lottery],only reason I want to change to H1B is I want to apply Green Card, I am not Sure what is the best option [Whether Should I change to H1B and then apply Green Card or Work in TN- because there is a proposal in USCIS for 3 years TN] stay in TN apply Green Card Please give your valuable opinion.
My H1B Selected in Lottery, so there will be good chance I will get H1B
My Questions are
1)In order to get Green Card what is best option change to H1B or stay in TN.?
2)Is there any way to apply Green card while in TN? if so how long it will take?
Advance Thanks
Regards
bal

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1061
Location: Calgary

Posted: Sun Jun 15, 2008 4:22 pm

 

---

Obviously H-1B is the best option because it's dual-intent. You can apply for permanent residency when you're on TN-1 but it is more complex, as far as I can tell it boils down to applying outside the US and using consular processing instead.

The problem is of course if you have a TN-1 with an employer and that employer is also sponsoring you for permanent residency, that can make USCIS think you do not have "bona fide non-immigrant intent" as clearly you do have immigrant intent.

The question no-one has ever been able to answer is whether USCIS at the border are aware of your pending application if you make the application outside the US. I'm sure at some point they must become aware of it, but no-one seems to know when, except USCIS and the State Dept. of course.
_________________
Steve.

---