H1B expired. Can I obtain a TN?

All questions and topics related to US work visas, immigration, etc should be posted here.

Moderator: visaplace.com

boydstoweNew Member
Topic author
Posts: 4
Joined: 5 Dec 2007
Location: Tucson

H1B expired. Can I obtain a TN?

Post Wed Dec 05, 2007 10:20 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
Top
StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Thu Dec 06, 2007 12:17 pm

You have to leave and re-enter to get a TN-1, so I can't see that you'd have a problem.
Steve.
Top
boydstoweNew Member
Topic author
Posts: 4
Joined: 5 Dec 2007
Location: Tucson

Thanks

Post Thu Dec 06, 2007 12:20 pm

Thanks

Boyd
Top
Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sat Dec 08, 2007 8:58 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
Top

Did you enjoy this post? Share it!

 
  • Related topics
    Replies
    Views
    Last post