Switching from fresh TN to H1B

Hello,

First TN visa back in 2008 (expiry 2011).

Just renewed TN visa for another 3 years (expiry 2014).

Lawyer has advised to immediately apply for H1B in order to pursue Green Card route.

Since I have just been freshly renewed for another 3 years:

1) is it good advice to immediately apply for H1B?

2) upon applying for H1B, do I forfeit my current TN?

Thanks!
ahchiu

1. Realize taht you don't need H1 to go for GC. Tell this to your lawyer, but if they insist, ;et them know that you want them to start PERM now, not wait for h1 to be approved. this will show if they are serious, and that you know what is going on.

2. Your TN will not end until you get a new I-94 in h1 status (either sttached to your H1 approval -- if the lawyer knows what he is doing, or when you go to the border with the approval and re-enter on it.

I am also here on TN Visa - first received in 2008 (1yr), renewed 2009(3yrs), renewed 2011 (to 2014).
I have a 3 year Business Admin Diploma & my CGA Designation and 15+ yrs of experience.
I have continued employment with my original employer. I would really like to get my green card for various reasons (not the least of which is the incredibly unpleasant experience that I had the last time I renewed my TN)

My lawyer advised me that the best path to Green Card was to first get H1B.
Unfortunately she came back to me and said that my education (Diploma vs. Degree)did not qualify me for H1B. However, when i research i seem to see that Diploma seems to be referenced and interchanged with Degree. Also, I would have thought that having my professional designation would have qualified as enough post secondary education to support the application.

She also advised me that attempting to get my greencard without going through H1B status first could mean that it might take upwards of 7 years to obtain a green card!

I would love some feedback on this! I'm thinking that I might need to find a new lawyer!

Thanks!

Whether you are on Tn or h1 no impact on the length of time you will wait to get GC (pretty silly statement by your lawyer).

She is probably correct howver that you are not H1 eligible. TN was designed to allow non-H1 eligible to get work authorization, because of diploma being eligible (yes, there IS a difference between degree and diploma). Remmeber though, that 3 years of experience can be counted for 1 year towrds H1-B, So if your dim=loma is 2 tears, you can use 8 years experience to add up to H1 eligibilty. Your lawyer should know this and suggest this to you.

What does impact getting GG is doing nothing. your gc is not getting any closer.


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