H1-B time-line (including premium processing)

jpringle
New Member



Joined: 22 Jul 2008
Posts: 8
Location: Flagstaff, AZ

Posted: Fri Jul 25, 2008 3:35 pm

 

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Hello:

I've had many questions answered already - hopefully some of you won't mind answering some more!

I get the feeling that my current employer is feeling a bit leery offering me a three-year contract position and having to see me cross the border once a year for a new 'temporary' non-immigrant TN visa.

They're looking to hire me (starting November 1st) on a more permanent contract. I've been doing my own research into the H-1B visa, and continually see different application dates, # of visas issued etc. on various sites and have become somewhat confused by it all.

Can somebody here tell me what kind of timeline my employer faces if they wish for me to start on November 1st of this year? Can they apply at any time, or is there one specific date they need to file by/on?

I feel that I might be in a bit of an advantageous position, because I have a masters degree in my field, still maintain an address in Canada, and am currently working for them on a TN-1 visa in an internship position until I get a different visa.

Can I actually get away with working on TN-1 while an H-1B is in the works? It seems like the consensus on canuckabroad is that I could technically stay with my employer on TN-1 until its expiry in May 2009, regardless of a change in pay and position title. That would give me plenty of time to work through the H-1B hassle with my employer. but i'm interested in getting H-1B by November. Is that possible, or am I overly-optimistic?

Jonathan

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Sat Jul 26, 2008 3:13 pm

 

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Well you can stay on TN-1, not sure that the H-1B matters provided you get it by May. If your degree is a US master's degree and it's a non-profit, it's very unlikely you wouldn't be granted an H-1B.

If you want all the details read: http://en.wikipedia.org/wiki/H1B_visa

The points there to bear in mind is being tied down to your employer and they typically pay less than compared to a US citizen despite the labour certification.

The key point I mentioned to you before is that you can't adjust status to H-1B from TN-1, so it's important on the I-140 they put down your Canadian address and local US consulate, because you will need to get a visa and re-enter.
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Steve.

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jpringle
New Member



Joined: 22 Jul 2008
Posts: 8
Location: Flagstaff, AZ

Posted: Mon Aug 04, 2008 9:07 pm

 

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I-140? Isn't H-1B the I-129?

Regardless, I've done (far too much) research on this, and agree with what you've been saying; this damn TN-1 seems to be the most difficult one to deal with should you wish to move to another status!

As I understand it:
My employer will file an I-129 and ensure they check off the box that says "please communicate with consulate/port of entry/airport _________X when this petition has been approved." I will provide my home address in Canada for my employers to use in the form, but my employers will also note that I am currently in the U.S. on a TN-1 status which doesn't expire until May 2009. Regardless, USCIS should send a I-797 to my employer, which will ultimately be handed to me. Is this right so far?

Once I have the I-797 (and before I formally begin my employment under H-1B), I'll return to the consulate/port of entry/pre-flight inspection area noted in my I-129 application and cross the border to get a new I-94 departure/arrival card.

My question is whether i can use a different port of entry than one nearest my residence. For example, if my residence is in Winnipeg, can I instead request that my petition notice be sent to the Vancouver airport; I'd much rather fly up to Vancouver and visit with friends there, then cross the border at that airport. Would that create complications, or do I absolutely need to choose a consulate/POE/airport near Winnipeg?

More broadly, will my employer and I be faulted for making it blatantly obvious that I'm currently in the U.S. on TN-1 and are now looking to get H-1B? I'm aware that simply transfering from TN-1 to H-1B isn't possible without physically going back to the border, but will even mentioning it in the application create a headache? There appears to be a spot in the form I-129 that is to be filled out for current non-immigrants in the U.S. on a visa other than H-1B.

Sorry for the questions; I get nervous and rushed when I'm paying a couple dollars a minute to talk to somebody at the U.S. consulate visa telephone servlces line; these are the questions I mean to ask, but always forget.

Jonathan

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Mon Aug 04, 2008 9:35 pm

 

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Yeah sorry, I-129, the I-140 is for sponsoring for permanent residency. If you want H-1B then it violates the "bona fide non-immigrant intent" when you entered on TN-1 so you shouldn't mention you have TN-1 already. (Although I've never done this personally, someone else on here might have a better suggestion).

You have to actually apply for a visa for H-1B, so you get the I-797 and a bunch of other paperwork (fee payment, other supporting documents, passport) and send it to the consulate to get the visa. Once you've got the visa you can enter using any POE.
_________________
Steve.

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jpringle
New Member



Joined: 22 Jul 2008
Posts: 8
Location: Flagstaff, AZ

Posted: Mon Aug 04, 2008 9:52 pm

 

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Really? This process is getting more and more complicated! I didn't know that I'd have to correspond with a U.S. consulate in Canada; I thought it was just simply a case of presenting my passport and I-797 to the POE identified in my application, then crossing the border. I thought I'd read somewhere that Canadians are exempt from having to either submit more paperwork/make an appointment in person with a consulate to activate the H-1B visa. yikes now I have more questions for the fee-per-call people at the U.S. consulate telephone service centre!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Wed Aug 06, 2008 10:29 am

 

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Took me about a week back in the stone age (no internet). God knows what the wait times are now, but I was advised I would only get interviewed if my qualifications were not in English.

H requires a visa for Canadians, B, F, and L are the main ones that don't that usually do (I think there are other obscure ones).

The trickiest bit is the labour certification because then you're dealing with the high fliers at the local Dept. of Labor office and your HR dept. Not sure if you need it in your situation though because of the "academic institution" bit but check with USCIS and the Dept. of Labor.
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Steve.

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