TN Visa Question

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Wed Jun 11, 2008 9:22 am

 

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1) Not unless you change status (or get an O-1 for some other occupation);
2) Not on your current O-1, the new employer would have to sponsor you;
3) You need to apply really before it expires. Your employer would have to sponsor you for permanent residency. O-1 is dual-status so this is legal. Have a read of this.

That appears to be the most relevant PR category for you, the real trick is the labour certification as the employer has to be able to show they cannot find someone locally to do your job. As you're already in O-1 status you've already proven the "exceptional" bit so that should be relatively straightforward for you. The question is whether you are exceptional enough they can't find someone locally!
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Steve.

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perkyj
CanuckAbroad Regular


CDN in Illinois

Joined: 21 Mar 2008
Posts: 74
Location: Illinois

Posted: Wed Jun 11, 2008 3:22 pm

 

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You can only work for your current employer on your current O-1, but another employer can petition to get your another one. The same holds true for changing jobs.

"Change of employer . If an O-1 or O-2 alien in the United States seeks to change employers, the new employer must file a petition and a request to extend the alien's stay with the Service Center having jurisdiction over the new place of employment."

You would not be able to work outside your field unless that work also requires "extraordinary ability" and then the employer would still have to petition to bring you in on the O-1. This is all just about the O-1, but you could get another job if you can classify in a different category, like TN for example.

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LUCKY
New Member


A Canadian in America

Joined: 08 Jun 2008
Posts: 5
Location: New York, NY

Posted: Mon Jun 23, 2008 11:08 am

 

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Hi Steven & perkyj ,

Thank you so much for your replies! I spoke to my lawyer, and she said exactly that. I would love to hold a green card one day soon to save myself the border hassle (it does decrease, I hope) as I travel very often for work and of course it'd be ideal to become more of a permanent fixture in the country I work and live in.

Getting a green card is tricky, yes, but I'm working on it!

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