Question about H1-B / EB-2 from TN to new company...

[INFAMOUS 0]

Ok so here is the run down.

Both myself and my wife are Canadian.

Entered in June 2010 on TN (me) and TD (her)

Currently working for Company A but since my wife cannot work and wants to very badly we have been searching for a sponsor willing employer.

Company B has recently offered me employment and is willing to sponsor!! (as hard as it is to find...) They are also willing to do premium processing.

I have the following credentials:

Masters Degree, Bachelors Degree, 2 Associates degrees (all I.T. related) and over 10 years work experience. (Eligible for EB2 as told by USCIS)

What is the quickest route to go to get my wife working?

H1-B is probably quicker to obtain for me.... but then we would have to both file for residency before getting her EAD and be more costly in the end???

If the company is willing can they not just file EB-2 for me now with premium processing and file for my wife as a dependent to get EADs for both me and her. My understanding is that these should be approved within 90 days.

Can someone shed some light on the best way to go. The employer is very flexible but if it is going to take a year to get my wife working then we will explore going back to Canada for now.

[Boiler 45,486]

Is the H1 for a non profit?

EB2 check retrogression and everything else involved.

[INFAMOUS 0]

Is the H1 for a non profit?

EB2 check retrogression and everything else involved.

No it is not for non-profit.

Where can I find retrogression for Canadians? I don't really care about the amount of time as EAD's can be renewed yearly as annoying as it is... Can always file for advanced parole. If we have the opportunity to stay in the US we don't plan on leaving. Just seems silly to take the H1-B to just turn around and file for EB2 anyways?!

[Boiler 45,486]

You could not start on the H1 until the 1st October, EB2 ask the lawyer, it depends, PERM can hold things up.

[INFAMOUS 0]

You could not start on the H1 until the 1st October, EB2 ask the lawyer, it depends, PERM can hold things up.

I was told that PERM in my case would be approved almost instantly.

[INFAMOUS 0]

I was told that PERM in my case would be approved almost instantly.

... I guess I should elaborate, that currently non-audited cases are being approved within a few days to one month from filing.

[Boiler 45,486]

Company B can file for your EB2

You can carry on working for Company A.

If the EB2 is dragging then there is nothing to stop you packing up and moving back.

[INFAMOUS 0]

Company B can file for your EB2

You can carry on working for Company A.

If the EB2 is dragging then there is nothing to stop you packing up and moving back.

That's what I figured. My understanding is continue working for A until EAD arrives from EB2 then as soon as it does, then TN is no longer valid, stop working for A and then start for B correct?

I know it is not recommended to go from TN directly to GC, but with my current situation I think it is the best option, especially the fact I can file for my wife concurrently to get her EAD.

Edited February 22, 2011 by INFAMOUS

[Boiler 45,486]

That's what I figured. My understanding is continue working for A until EAD arrives from EB2 then as soon as it does, then TN is no longer valid, stop working for A and then start for B correct?

I know it is not recommended to go from TN directly to GC, but with my current situation I think it is the best option, especially the fact I can file for my wife concurrently to get her EAD.

That sounds right.