H1B expired. Can I obtain a TN?

Hi y'all; I was working for a US company as an Electrical Engineer, I had an H1B and was "in process" for a Green Card. My company laid me off, so my status has been pulled and I have 30 ...

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

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boydstowe
New Member

Joined: 05 Dec 2007
Posts: 4
Location: Tucson

Posted: Wed Dec 05, 2007 9:20 am

Hi y'all;

I was working for a US company as an Electrical Engineer, I had an H1B and was "in process" for a Green Card. My company laid me off, so my status has been pulled and I have 30 days grace period to leave the country.

I've got another job offer from a smaller company, and I qualify for a TN, but are there any issues with my previous status as H1B and Green card in process? Are the two separate entities as far as the INS are concerned? Will there be an issue because I was applying for permanent status and now I'm applying for temporary status? Any one out there do this before?

Thanks

Boyd

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 806
Location: Calgary

Posted: Thu Dec 06, 2007 11:17 am

You have to leave and re-enter to get a TN-1, so I can't see that you'd have a problem.
_________________
Steve.

boydstowe
New Member

Joined: 05 Dec 2007
Posts: 4
Location: Tucson

Posted: Thu Dec 06, 2007 11:20 am

Thanks

Boyd

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sat Dec 08, 2007 7:58 am

If the employer terminated the green card process, then why would you have an intent issue in the first place?
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com