have TN want longer stay, can I apply for both HB1 and GC?

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

Moderator: visaplace.com

canuckedNew Member
Topic author
Posts: 2
Joined: 22 Feb 2008

have TN want longer stay, can I apply for both HB1 and GC?

Post Fri Feb 22, 2008 9:18 am

As April 1st is approaching I'm wondering if there will be any complications by applying for the HB1, and then also starting a Green Card sponsorship while I await results?

I just want both sides covered, as I am worried about the slim chance of getting an HB1.


On a separate note, I phoned USCIS and asked if I can go from TN to GreenCard, and they said no. But I've read some postings here, that claim it's okay. Has anyone had any positive experience with this?

Has anyone here filed without the use of a lawyer successfully? I am on a tight budget and have been quoted $10,000 for the process.
Top
Reba

Post Sat Feb 23, 2008 6:36 am

You can't go directly from a TN to Green Card, as TN is not a "dual intent" visa. You can however apply for a Green Card IF you have a sponsor, such as your current employer, a US citizen immediate family member, or a US citizen spouse.
Top
canuckNew Member
Posts: 6
Joined: 19 Jan 2008

Post Sat Feb 23, 2008 10:53 am

oh, but my employer does wish to sponsor me, so that means its okay? Would it be better for me then to get the company to apply for both for me? Would the greencard be limited to me just working for that company?
Top
canuckNew Member
Posts: 6
Joined: 19 Jan 2008

Post Sat Feb 23, 2008 10:59 am

also, on my TN I am under a Management Consultant, but if my company sponsors me for an H1B or GC, it would be under a different position title.would that cause any problems?

I appreciate any help! Thank you kindly!
Top
Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sat Feb 23, 2008 1:46 pm

I've posted all over this message board that you can do a TN to green card, yet this is still misunderstood. I can't say this enough:

CANADIAN TNs DON'T NEED H-1BS!

The CIS person you spoke to about a TN to green card is a customer service representative, not a lawyer, and not a CIS adjudicator.

$10,000 for a green card is unconscionable. I would question the ethics of any immigration lawyer that would charge that much. Many unethical attorneys charge excessive legal fees, so let that be a red flag for you. Do you really want to be part of an attorney's defrauding or deception against the government?
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
canuckedNew Member
Topic author
Posts: 2
Joined: 22 Feb 2008

Post Tue Feb 26, 2008 8:00 am

Chris, But I don't want to go through a mild heart attack each year wondering if I will get renewed on a TN, I'd like something more permanent. If I apply for a GC off a TN (I got last month) and don't get it, I'm sure it will be harder then for me to renew the TN.This is so confusing.
Top
dannykoolSuper Member
Posts: 148
Joined: 16 Oct 2007
Location: Europe

Post Wed Feb 27, 2008 10:05 am

canucked wrote:Chris, But I don't want to go through a mild heart attack each year wondering if I will get renewed on a TN, I'd like something more permanent. If I apply for a GC off a TN (I got last month) and don't get it, I'm sure it will be harder then for me to renew the TN.This is so confusing.


--------

'Something more permanent' as you said above takes time ! Also, no unemployment benefits if the job ends for any reason !
Top
StokenNew MemberUser avatar
Posts: 2
Joined: 1 Mar 2008
Location: Vermont

TN to Greencard with Sponsor

Post Sat Mar 01, 2008 12:42 pm

Reba wrote:You can't go directly from a TN to Green Card, as TN is not a "dual intent" visa. You can however apply for a Green Card IF you have a sponsor, such as your current employer, a US citizen immediate family member, or a US citizen spouse.


Hi Reba,

So what does sponsorship from an employer entail? I have a Hong Kong Citizenship and Canadian Citizenship, would that affect the sponsorship?

Thanks,
Stoken
Top
Reba

Post Sun Mar 02, 2008 8:11 am

Your citizenship doesn't matter. What matters is if your employer would be willing to sponsor you for the green card. There's a bunch of paperwork, and filing fees and etc etc ad nauseum.

Here's the instructions for form I-140 petition

I really know nothing about employer sponsorship.
Top

Did you enjoy this post? Share it!

 
  • Related topics
    Replies
    Views
    Last post