Getting H1 through employer OR getting green card personally

I have been working for a US employer on contractual basis for almost last 2 years. The employer renews my TN through mail. This year employer tried to get H1 and has got a very tough query where the ...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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mfarrell
New Member

Joined: 01 Sep 2008
Posts: 2
Location: Salt Lake City

Posted: Mon Sep 01, 2008 10:35 am

I have been working for a US employer on contractual basis for almost last 2 years. The employer renews my TN through mail. This year employer tried to get H1 and has got a very tough query where the US H1 office has numerous questions regarding employer business, overall employees' data, etc. Now employer is asking me whether to go and reply to the query or withdraw H1 request. Because if my H1 gets rejected, it will leave a bad mark on my history and would cause me issues in future whenever any new attempt will be made getting H1. On the other hand, if we withdraw H1 requests there will be no record. Can someone please help me what should I do in this situation?

My second question is regarding getting a greed card. Someone told me that Canadian citizens can go and get the green card on personal basis directly. The process doesnt involve H1 to get green card, it takes almost 2 or 3 years, cost runs somewhere between three to seven thousand dollars. I have tried searching this on net, but couldnt find anything relevant. Could you please let me know if this is a valid option, and if so, how would one pursue for this?

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Mon Sep 01, 2008 11:48 am

If your H-1B gets rejected it does not leave a "bad mark" on your history, all it means is that your employer fouled up the application or the quota is full. Other than that it makes no difference.

Sounds like they're having a problem doing the labour certification, H-1B does require a lot of paperwork for the employer. If they screw up that, it leaves a bad mark on their history with the Dept. of Labor, not yours.

They can sponsor you for employment-based immigration on I-140, but they still have to do the labour certification either way, the primary difference is that H-1B is temporary.

Given that the TN-1 status is about to be made three years instead of one, the only real advantage of H-1B to Canadians is that it makes adjusting status to permanent resident slightly easier (plus it covers other positions that don't qualify for TN-1).
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Steve.

mfarrell
New Member

Joined: 01 Sep 2008
Posts: 2
Location: Salt Lake City

Posted: Mon Sep 01, 2008 12:58 pm

Thank you Steve for your detailed reply with other recommendation (i-140). I appreciate your help.

alvinzho
New Member

Joined: 28 Apr 2008
Posts: 6

Posted: Mon Sep 01, 2008 3:05 pm

Also, I think switching jobs on TN, you will have to leave the US and reenter. On H1b, you don't have to.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Sep 02, 2008 9:58 am

In theory. In reality it's unlikely the H-1B application will be approved prior to the expiration of the grace period (because of the quota) so in reality you still have to leave in most cases. The only major exception would be if you're in an H-1B category that isn't subject to the quota.
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Steve.