NAFTA TN vs. H-1B Visa Chart.

New NAFTA TN vs. H-1B Visa Chart http://www.naftatnlawyer.com/tn-vs-h-1b-visa-chart/ for Canadian professionals seeking work authorization in the U.S. Provides a comparison of TN status under NAFTA to H-1B visa status.

Hi,

Wanted to know if after getting H-1B visa for 6 years and by that time if you still haven't gotten a green card yet, can you then get a TN visa or must you leave the US?

How easy it is to get a green card once you have the H-1 visa?
Thanks

Hi,

Wanted to know if after getting H-1B visa for 6 years and by that time if you still haven't gotten a green card yet, can you then get a TN visa or must you leave the US?

How likely is it to get a green card once you have the H-1 visa?
Thanks

Mark,

In certain situations you may be able to obtain TN status after you have exhausted all your H-1B time. However, there are provisions to extend H-1B status beyond the permissible 6 year period when during the labor certification and/or green card application process.

I have copied below a summary I created for individuals in this situation:

******************************

SUMMARY OF PROVISIONS FOR EXTENDING H-1B STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________

1. AC21 104 (c) - Approved I-140 Petition = 3 Year Increments.

• Under Section 104 (c) of AC21, an alien beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B status in 3 year increments pending eligibility to apply for adjustment of status.

• No Requirement that alien have LC or visa petition pending for one full year prior to the expiration of alien’s 6th year of H-1B status.

• There MUST be an approved I-140 to access this benefit.

• Benefit does not apply to dependents who have reached 21.

2. AC21 106 (a) - Pending LCA or
Employment Based Immigrant Petition = 1 Year.

• Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B status beyond the 6-year maximum period, when:

(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant; or

(b) 365 days or more have passed since the filing of an EB immigrant petition.

• Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

• Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application (modifies April 24, 2003 Guidance Memorandum).

• Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

• If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

• A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

*********************************

As for the likelihood of obtaining a GC while in H-1B status, that depends on the willingness of a company to sponsor you for permanent employment and your own qualifications under one of the immigrant visa categories.

Hope this helps.

Hi Brian
Thanks for your input.
I wanted ask some questions on getting settled in the states. Can Canadians on a TN visa 1) invest in Roth IRA's, 2) buy a house, and 3) open a business in the USA?

If working at 2 jobs (eg. same job duties, but 2 different employers) - can you get two TN visas - one for each job?

Thanks,
Mark

I'm not Brian, but you should be able to buy ROth IRAs. My husband bought some when he had an H1B, so I would think TNs would be able to.

You can buy a house, but you may need to have 20% or more down payment in order to get a mortgage. Anyone can buy a house if they have money

As for starting a business, your TN is only good for the job it was issued.

Brian,

Your answer that you pasted was for someone who already had started the GC process. What if a person had not started that GC (LC) yet due to company layoff, which is my situation in the last 3 yrs. My H1B is about to expire and we haven't started the LC process since there had been continuous layoffs in my company the last 3 years. Would I be able to get a TN visa and work for the same company or another company or do I have to leave the US for 1 yr???

Mark,
Your TN is only good for one employer but you can have as many TN as you want.
You can invest in an IRA (I did) or buy a house.
I'm sure the US gov't would love you to start a business.

This thread is antique.