changing visa

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MsLayoutNew Member
Topic author
Posts: 1
Joined: 24 Jan 2011

changing visa

Post Mon Jan 24, 2011 11:00 am

Hi, I've a friend working in the us and he has an H1-B visa tied to the company he works for. how can he change the h1-B to a TN so he can change companies?

Thanks,
Bren
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: changing visa

Post Mon Jan 24, 2011 11:27 am

By having employer B file I-129 , or have worker go to border to get TN.

Once he gets TN, he cannot work for 1st company at all, unless and until he also gets TN for that firm. One cannot mix TN and H1 jobs.
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MaxLawIncJunior Member
Posts: 12
Joined: 31 Jan 2011

Re: changing visa

Post Mon Jan 31, 2011 3:33 pm

MsLayout--

Your friend can change employers if the employment is similar (AC21 portability). If that's the case, I would suggest he/she do that than going on a TN - especially if he/she wants a green card as it is easier to adjust status from H-1B than from TN

Cedric M. Shen
U.S. Immigration Attorney
MAXIMILIAN LAW INC.
3424 Wilshire Blvd, Suite 928
Los Angeles, California 90010
(888) 228-4525 [toll free]
maxlawinc.com
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: changing visa

Post Tue Feb 01, 2011 5:31 am

H1 portability under AC21 does not require a similar job, it merely requires a another H1-qualified job.

Similar job is only for AOS portability.
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