US Contract Work while on H1-B

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ontnNew Member
Topic author
Posts: 2
Joined: 31 May 2010

US Contract Work while on H1-B

Post Mon May 31, 2010 11:53 pm

Background:
- Entered the US last year on a TN Visa (June 2009)
- Change of Status to H1-B filed successfully (I-797 received) with effective date of Oct 1, 2010

Question:
- Possibility of doing some small contract work with another US Company. Because the TN Application process is so much less onerous, is it possible/advisable to apply for TN Status to do this contract work?
- Does the Oct 1, 2010 date have any bearing on this? Is it advisable to take action before/after this date? Or doesn't matter?

Further Questions:
- The change of status was pursued because of the dual-intent restriction associated with the TN Status. If there is no action taken with regards to any Green Card application while doing this contract work, how do I forfeit the TN Status at the end of the contract work, so that it has no impact on a Green Card application?
- Will I have to go to a POE to get this Contract Work TN?

Thanks!
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: US Contract Work while on H1-B

Post Tue Jun 01, 2010 4:31 am

You are still on TN, so can get new TN for second firm now -- at border.

As long as you wrap-up work before Oct 01, your automatic conversion to H1 will take place. You cannot continue to work with FirmB after Oc 01, unless you get FirmB to hire you as an employee and get H1 for them too, or you get FirmA to rescind H1 and put you back on TN -- I'm sure the will LOVE that -- as they will then know you are moonlighting.

There is no issue of immig intent with H1. Only filing for GC (I-485) will prevent TN. Best to get TN at border to avoid conflicting I-129s.

You didn't need H1 to pursue GC.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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ontnNew Member
Topic author
Posts: 2
Joined: 31 May 2010

Re: US Contract Work while on H1-B

Post Tue Jun 01, 2010 7:02 pm

Thank you Nelson.

Strange you say there was no need to move to H1... I guess my firm just wasted some money?
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: US Contract Work while on H1-B

Post Thu Jun 03, 2010 6:40 am

Yes.

many firms get bad info that they must shift to H1 in order to persue Gren card for employee.

This is wrong. So now you are "stuck" with H1 and one employer.

Notice that the beneficiary of this waste of money was the same lawyer that advised them.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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