What Visa would you get?

My family and I want to move to the States for school/work.
(Assume a company is willing to hire me and apply for a visa)

What's the best Visa setup for my situation:

1. I will work for this company for more than 1 year.
2. If I leave the company at any time, I want to be able to stay in the US and perhaps go to school - or apply for a green card or long term visa, without returning to Canada.
3. My wife would go to school and be free to work part-time
4. 2 young kids will come with us - school/home school
5. I will maintain links (home) to Canada thru the first year at least.

I may enter with a TN1 but wish to extend my stay either working or in school - and have my family with me for that duration.

Any advice? Someone suggested getting the school visa for both of us, and then we are both free to work at the same time... (of course I'd have to figure out how to balance both school and work) but if I left the job - at least I am still covered by the 4 year school visa.

Or do I start with the Job visa, and change status to education visa or apply for green card while under the TN1.

You seem to have a lot of misconceptions:

1. You cannot work with "school visa" (F1) except for the school, so that is out for now. Your dependants (on F2 status) could not work at all, unless they qualify for their own working visa. They could go to school.

2. You need a TN to work, and your TN would only be good while working for your sponsor; then, if you wished to stay you would need to immediately switch to a F visa. Again, while on TN, your family (on TD status) cannot work unless they qualify for their own working visa. They and you also could go to school.

3. There are no visas for occasional part-time work, unless it is of a professional nature.

4. There is no need to maintain ties in canada while on TN. You are simply setting your self up to pay more taxes. You lose any GST and CCTB anyways, since, as you describe, you will be living in US. So no need to spoof a Cdn address


So, right now your couse of action is to get TN for you, TDs for your family. Family go to school, you work. wife could switch to F1 for school (which may allow for on campus work). You could go to school while working, still on TN. Then as soon as you stop working you need to enroll in school if not already, switch to F1, and any family TDs need to be switched to F2. You would then both need to show hardship in order to work off-campus.

Fantastic summary - thank you.

What if I wanted to apply for Green Card for us all, while I am down there on a TN visa and my family is on TD's?

Can I change my status from the TN to something that tracks towards a Green Card without coming back to Canada? If applying for a green card is a possibility at some point, should there be another visa I initially go down on other than a TN?

Thanks again!

Only your employer can sponsor you for Green card.

You can go from TN to green card.

Fantastic summary - thank you.

What if I wanted to apply for Green Card for us all, while I am down there on a TN visa and my family is on TD's?

Can I change my status from the TN to something that tracks towards a Green Card without coming back to Canada? If applying for a green card is a possibility at some point, should there be another visa I initially go down on other than a TN?

Thanks again!

If you apply for a Green Card while in TN status, my understanding is that your wife and dependents cannot apply simultaneously (since you generally have to go for the green card via consular processing). This could create problems later on since sponsoring family members to join you is a lengthy process. If your employer will sponsor you for an H1B, you can then apply for the gc via adjustment of status from within the US. This means your wife can file the I-485 AOS at the same time you do and should receive work authorization soon after.

This is not the case. Although it is somewhat simpler to go from H1 to GC, it is quite feasible to adjust from within US from TN/TD to GC using I-485 AOS without the intermediate H1 step, for both the primary applicant and the dependants. It's not the length of the process that presents difficulties, but that one must migrate from TN to EAD/AP before getting GC, and one needs 3-4 months remaining ion TN/TD status to do this.

http://forums.immigration.com/showthrea ... post984692

Even if one were to chose consular processing, all would be done at the same time, one would stay in TN/TD until that time without issue.

That is truly fascinating material - thanks agnelson! I have a number of friends who went from TN to GC, but only those without kids or spouses did this, and they always did it via consular processing. It does look like there are more opportunities to trip up going TN to GC via AOS, however. I suspect the decision of what route to take boils down to whether the position qualifies under H1B; if it does, getting an H1B before GC seems to eliminate a lot of potential hassles. I've cut and pasted the summary of the two options in the thread in case people are interested.

Option 1: TN to GC via AOS:
Pros:
1.1) By staying in TN status and avoiding H1b, you don't have to deal with any quota issues. Since TNs are always available, there is potentially less of a delay.
1.2) If you don't qualify for H1b then this is really the only way to go. I didn't qualify for H1b at the time my GC was getting processed, since I did not have a bachelors degree, nor did I have enough experience to make up for lack there of. TN was my only option.
1.3) By taking the AOS rout vs. the CP route, your spouse and children will get an EAD during the time that it takes to process the I-485. When you file CP your dependants will not have permission to work until they get their GC.
1.4) if your priority dates are current, you could take advantage of AC-21. CP does not qualify you for AC-21.
1.5) If your case is denied for any reason you could file an appeal or a motion to reopen.

Cons:
1.5) You should avoid travel if at all possible after your I-140 is filed.
1.6) You cannot travel whatsoever after your I-485 is filed, and before your AP is in your hand.
1.7) You need to ensure you have sufficient time left on your TN prior to filing your I-485.
1. You will need to get an approved EAD prior to your TN expiring after you filed your I-485.
1.9) If your I-485 was to get denied, your EAD and AP would be void, and you would be out of status immediately.
1.10) You need to keep renewing your EAD and AP in a timely fashion to ensure you can continue to work and travel.

Option 3: H1b to GC via AOS:
Pros:
3.1) No concerns with crossing the border at any time during the process.
3.2) No need to file for EAD or AP, as long as you stay with the same company, you can keep extending your H1b.

Cons
3.3) You may need to wait for H1b's to be available.
3.4) If you switch companies (i.e. AC-21) or work for multiple companies when your I-485 has been filed then you would need to get an EAD and AP, in which case if your I-485 is denied for any reason your EAD and AP would be void, and you would be out of status immediately.
3.5) H1b's cost way more than TN's.

The original post speaks for itself.

Adding to this..... if the position duties and your background allow you to, labor cert / PERM should be filed for EB2. EB2 if you're not born in india or china would get you a green card in about a year of filing I-140 and I-485.

If you only qualify for EB3, you are looking at an 8+ year wait for a green card (they are processing cases from 2002 right now). This might factor into your decision - waiting so long for a green card may deter you...