Job status change from intern to salaried employee

[jpringle]

Hello:

I hope this hasn't already been answered, but i can't seem to find a straight answer to this anywhere.

I went across the border in Winnipeg in May 2008, headed for an internship (provide me with a basic living stipend) for three months at a museum library (TN profession: Librarian). My letter stated that i would be here for three months, then I would return to Canada. My I-94 card is nontheless stamped with an expiry date of May 2009.

I have now been offered a more permanent position with the museum in the same capacity, now salaried and permanent.

My THREE questions are:

1. Can I stay on the TN-1 visa, even if my salary and internship status change?

2. Am I supposed to inform somebody if my salary and internship status changes?

3. Am I able to stay on the TN-1 visa - even until May 2009 - while the museum petitions for an H-1B visa?

Thanks for any assistance! Much appreciations.

Jonathan

[Steven]

1. Can't see that the salary and internship are relevant on TN-1.

2. Not on TN-1. Technically you're a temporary worker so it's irrelevant. There is no labour certification.

3. Bank error in your favour, if you're a temporary worker, you're a temporary worker, if USCIS were happy with you being temporary until May, that's all you need to know.

Your only problem is that you cannot apply for change of status to H-1B from TN-1, you'd have to use consular processing. Presumably if you were only planning on three months you still have a Canadian address, so that's where the visa should go and then you leave and re-enter when you get it (if you get it).

I don't think they can actually file until October so you may want to make sure when they fill in the I-140 that you have your Canadian address and the address of the local consulate on there.

Just in case you don't already know, but the odds of getting H-1B are about 1 in 3. You may want to have a renewal of your TN-1 status in hand as a backup plan. By May they may have implemented the new three year rule for TN-1s anyway so getting H-1B may not be of much use, unless they plan on sponsoring you for permanent residency.

[kevinlg]

I was in a similar situation earlier this year. Got a 1 year intern offer, 6 months later got a permanent offer within same company and department. End up not taking it but switch to another company(irrelavant for ur situation).

I researched around and someone reply me in this forum (I think TNVisaExpert, can't find the thread now). The rule of thumb: you have to follow is the change of nature job description, length and company, requires a filing with USCIS. This is infact logical enough, since your "new" job is not the same us your intial TN applications.

A simple salary raise does not necessary trigger the filing. But usually a change of salary means moving to a higher position (intern-> permant) that is arguably change of job description.

Since you initially apply for three months TN (even though the officer granted you 1 yr) and potentially change of job description, you should renew TN with the new offer letter and petition for a 1 yr new TN.

My 2cents

[kevinlg]

Yes H1 B is only 1/3 chance. Unless you have a MS degree for 2008-09 it is about 3/4 change and for 07-08 application slot fill up in June.

Kind of wonder why is the MS cat. fill up so fast. Going to try H1B using the MS degree category, hope it gives me some advantage on quota.

[jpringle]

Thanks for the replies - very helpful!

So, technically I don't have to do anything (really) until May 2009 when I'll cross the border again; this time with a letter from my employer saying that I am salaried and am needed for only one year (extended until May 2010). Unless they change the time limit for the NAFTA visa and extend it to three years. which would be awesome! I could start in my new salaried (non-intern) position and not have to do anything until my actual I-94 expires, right?

BUT if I (or my employer) have a crisis of ethics, I should consider crossing the border with a new letter just before starting in my new capacity with the same employer.

Does that sound right?

[Steven]

Kind of wonder why is the MS cat. fill up so fast.

Probably because you can get an extention to the student OPT for this field, so there are more people working in the US that have these degrees by virtue of that who want to stay permanently.

[Steven]

Unless they change the time limit for the NAFTA visa and extend it to three years. which would be awesome!

I see a lot of people on here getting excited about this but it doesn't change the criteria for TN-1, i.e. you must have "bona fide non-immigrant intent". Just because your I-94 says three years instead of one year doesn't mean USCIS can't turn around and refuse you entry if they think you want to live in the US permanently. I suppose it makes it less likely as you don't have to keep on re-applying so they're less likely to become aware of what you're actually up to, but legally it doesn't change anything. Just saves you $100 on application fees and some hassle renewing it.

BUT if I (or my employer) have a crisis of ethics

You were a librarian before, you're a librarian now, so I can't see what has changed.