Can you go from TN-1 to H1B or Green Card?

[Cherelle]

I was under the impression that it took too long to apply for a green card if you have a TN-1. Also, how do you get an H1-B if you have a TN-1 and all the H1B's are gone? For instance, If I start work April 15, 2008 on a TN and all the H1B's are gone for 2008, How am I going to apply for H1B in 2009 if I only have 15 days to get it before my TN runs out?

[Christopher G. Rizzo, Esq]

This board is loaded with information about TN to green card.

[Steven]

Also, how do you get an H1-B if you have a TN-1 and all the H1B's are gone?

Why would you want one if you qualify for TN-1?

[Cherelle]

I am afraid of the interview every year and don't want to pretend I still want to live in Canada when I don't. i.e having a house (which I can't afford two houses or pretending to rent from my mom).

[Christopher G. Rizzo, Esq]

You can have a future intent to immigrate, thats called "preconceived intent." As long as at the time of the interview, your subsequent admission into the U.S. will not be your last before obtaining permanent resident status.

So you must look at it as two distinct things: your immediate intent and your future intent. If you have a future intent to immigrate to the U.S. but not an immediate intent, you're not committing a misrepresentation or doing anything unlawful.

This is why we always consular process TNs, they have to return to Canada after ANY entry as a TN, because you can't get an immigrant visa without going to Montreal. Its a wonderfully simple solution.