Move from TN to H1B?

newpapa
New Member



Joined: 06 Jan 2008
Posts: 9
Location: washinton

Posted: Tue Feb 05, 2008 2:28 pm

 

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Hi All,
i am in USA on TN visa from last 1-year. my employer ask me about moving on H1B-visa. could anybody answer my following Question:-
1)What is positive and negative point of TN and H1B visa.
2)I have B.E. degree from outside USA/Canada, and 5-year experience in my field, am i eligible for H1B visa.
3)Am i apply for H1B visa from my old back home country or as from Canadian citizen ?
4)Is any spacial quota on H1B for Canadian citizen?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1662
Location: Calgary

Posted: Wed Feb 06, 2008 10:50 pm

 

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We've had a lot of discussions on this forum about the H-1B. Basically the conclusion is that it's pretty much pointless trying to get one because there is such a huge demand for them and the quota fills up almost immediately. Your employer can apply for one for you, but the chances are good they won't get it. Plus even if you do get it, it's only valid for three years and can only be renewed for another three, conditional on you advancing in your job.

TN-1 can be renewed forever, and it's far simpler to apply for and there is no quota, so it's generally a better option for Canadians.

One of the theoretical advantages with the H-1B is that it is easier to move to another job because there is a grace period while your new employer applies for an H-1B, but they're so hard to get it doesn't really help.
_________________
Steve.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



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

Posted: Sun Feb 10, 2008 7:52 am

 

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Don't apply for an H-1B, its a waste of time and money and socially irresponsible for a TN eligible Canadian to use an H-1b number. Also the H-1B system has turned into a lottery and your chances of denial even when timely filing are significant.

NAFTA immigration lawyers have been saying this for years but no one seems to listen.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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mona
New Member


Elle est ou la poutine ici ?

Joined: 15 Feb 2008
Posts: 1
Location: Virginia

Posted: Fri Feb 15, 2008 10:27 am

 

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Hi!

First TN and H-1B are basically the same kind of visa. same requirement. But TN have been made for Canadians, Americans and Mexicans on the other hand H-1B is for any other country.

If you are on a TN visa now, you are probably eligible to an H-1B visa.

H-1b visa are good for 3 years beginning in October and if you wanna have a chance to get one, you must have sent you application to the Homeland security office for April 1st.

I have been through these questions myself lately and now I will be applying for a H-1b on April for next October.
_________________
In a country Far Far Away.

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