Question about TN or H1-b transfer.

[bin8922]

Hello,

I am working for a big company (A) right now. I first applied TN visa in Aug. 2007. It is renewed twice. The second renew is approved, but I haven't been to the border to get it. The company applied the H1-b for me this year. I got the H1-b approval. I also didn't go to the border to get the H1-b visa.

Right now I want to take an offer from a small company B. I don't know which option is best for me.
1) Apply TN
2) Get H1-b first and then apply H1-b transfer
3) Get H1-b first and then apply TN.

My wife and I will apply green card very soon. She will apply EB-1a. I believe I cannot get TN visa any more once the I-485 is filed.
If I apply TN right now, and get laid off by company B in the near future. Can I still use my H1-b quato and apply H1-b transfer?

I was told once I got my TN for company B. I cannot work for company A anymore. In that case, there is two options.
1) Give company A 2 week notice first and the go to border before start date of company B to get TN visa. If the TN visa is rejected. I cannot work for A or B.
2) Get TN visa first and let the company A know. I cannot give company A any notice.

Can I get TN visa that would take effect in two weeks?
I am so confused. Please help.

Thank you all in advance.
Best Regards,

David

[agnelson]

If your second TN is approved and has i-94 attached, it is good, no need to go to border to 'get' anything. Same for H1, if it had I-94 attached.

You need to determine what status you are in now. My guess is that you were in new TN since august and automatically changed to H1 in since oct 01. by the last action rule.

In any event, you can apply for 'porting' that H1 to another compnay regardless if your H1 is activated or not. There is no such thing as H1 transfer. You can immediately port your H1 by having new firm apply for H1 with I-129, which allows you to begin work immediately for them, no need to wait for approval. You can do this whether your current status is TN or H1 or anything else. This does not kill your old H1 unless you part company.

You can work for both companies, but it must be under same status; either both TN or both H1. Given your GC situation I would be insisting on H1, since it more easily allows transition to GC. But there is nothing stopping you getting 2 TNs. No need to give notice to get second TN. Get second TN, re-activate 1st one if yor h1 was active, and work for both if you wish. Your ability to go back to H1 will remain for at least six years, should something go wrong with GC.

[Steven]

I don't think it's terribly important if you're in TN-1 or H-1B from the sounds of it, you're going from company A to B so all that matters is that either give you the job offer letter for TN-1 or file an I-129 for H-1B whichever they prefer. (Or file an I-129 for TN-1 for that matter).

I was told once I got my TN for company B. I cannot work for company A anymore.

You can have multiple TN-1s. Just that only one of them can be "full-time" although I never get how CBP actually enforce that one.

My wife and I will apply green card very soon. She will apply EB-1a. I believe I cannot get TN visa any more once the I-485 is filed.

So get the TN-1 first. TN-1 can be valid for up to three years, an I-140 petition filing under EB-1a and I-485 won't take that long.

H-1B renewals are arguably more tricky than TN-1, so if it were me I think I'd go the TN-1 route, but only you know how keen company B is on filing an I-129 for you to keep your H-1B status intact.

[agnelson]

Since he has H1-B, and H1-b has absolutely no travel restrictions when applying for GC, it would be best to stick on H1 if the new firm wishes. Otherwise you will be on EAD/AP at some point while waiting for GC (TN may be good for three years, but not if you leave the US).

What a TNer always has to watch for when the spouse is the one going for GC, is that the GC-sponsor firm acts in the their interst, and in the interst of their beneficiary, and sometimes the TN spouse gets caught in a timing jam. H1 avoids this.

Besides, if for some reason GC process fails, your H1 status saves you the bother of having to scramble to get it back

Quite frankly, if it were me. I'd stay in h1 at Firm A until I get my GC, then do whatever I want, unencumbered by needing TN or H1 sponsorship.