TN or H-1B?

[Boiler 45,662]

Your work is seasonal?

[braffy 0]

Your work is seasonal?

No. It is a full-time contract for 3 years, with option to renew for 2 additional years.

[Harsh_77 718]

No. It is a full-time contract for 3 years, with option to renew for 2 additional years.

Then you dont qualify for H2b.

H2B is a visa seasonal worker.

[braffy 0]

Then you dont qualify for H2b.

H2B is a visa seasonal worker.

Sorry, my mistake. I mean H-1B, had a brain cramp and started writing H2b for some reason.

Does it make a difference with respect to the dual intent provision of the visa, and/or getting into the country while married to a US citizen?

[Harsh_77 718]

Sorry, my mistake. I mean H-1B, had a brain cramp and started writing H2b for some reason.

Does it make a difference with respect to the dual intent provision of the visa, and/or getting into the country while married to a US citizen?

I have tried to explain u in past post in your case being married USC is cosidered intent and not dual intent.

Say if you would have same job opportunity and you were single, you would have no problem in getting H1B. Then H1B would had been given to you as dual intent, meaning your org might file for your GC which mean yes based on your visa catergory you would qualify for GC or you get married and you would qualify for GC.

Some visas have restriction like "ship or flight crew visa" where they cannot file aos based on their visa. When they say dual intent means H1B does not have those restriction.

[CC90 90]

I have tried to explain u in past post in your case being married USC is cosidered intent and not dual intent.

Say if you would have same job opportunity and you were single, you would have no problem in getting H1B. Then H1B would had been given to you as dual intent, meaning your org might file for your GC which mean yes based on your visa catergory you would qualify for GC or you get married and you would qualify for GC.

Some visas have restriction like "ship or flight crew visa" where they cannot file aos based on their visa. When they say dual intent means H1B does not have those restriction.

This is not correct. In any case, please stop arguing (and tainting somebody's plans) as you have made your opinion clear. To be sure, the K-1 is in the same "intent" bucket as the H-1B--they both are non-immigrant visas!

[braffy 0]

This is not correct. In any case, please stop arguing (and tainting somebody's plans) as you have made your opinion clear. To be sure, the K-1 is in the same "intent" bucket as the H-1B--they both are non-immigrant visas!

A voice of reason in the wilderness!

CC90 -- my assessment is that being already married to a USC I may have trouble entering on a TN. However, if my company sponsors me for a H-1B then the citizenship of my wife shouldn't make a difference. Do you concur?

[CC90 90]

A voice of reason in the wilderness!

CC90 -- my assessment is that being already married to a USC I may have trouble entering on a TN. However, if my company sponsors me for a H-1B then the citizenship of my wife shouldn't make a difference. Do you concur?

I do agree. The only issue of fraud can arise if you don't actually use the H1-B to work for your designated employer. Obviously, this is not a problem for you. Getting a TN would be difficult, but I've heard of situations (not been a party to one, though) where people have been able to get away with it even while admitting to a USC spouse. However, your H-1B is safer.

[Harsh_77 718]

This is not correct. In any case, please stop arguing (and tainting somebody's plans) as you have made your opinion clear. To be sure, the K-1 is in the same "intent" bucket as the H-1B--they both are non-immigrant visas!

If you think you know the process better, then as I said earlier go ahead apply for H1B with no ties to the home country.

K1 is non immigrant visa ????

[CC90 90]

If you think you know the process better, then as I said earlier go ahead apply for H1B with no ties to the home country.

Which is probably what he's going to do.

K1 is non immigrant visa ????

Yes. That's my point. It's a "dual intent" visa just like the H1-B--same guidelines.

[Harsh_77 718]

Which is probably what he's going to do.

Yes. That's my point. It's a "dual intent" visa just like the H1-B--same guidelines.

What is the other intent of K1 other than getting married and immigrating to US?

[CC90 90]

What is the other intent of K1 other than getting married and immigrating to US?

This is exactly the point. Read the INA and 22 CFR.

Edited October 22, 2011 by CC90

[Dakine10 5,452]

What is the other intent of K1 other than getting married and immigrating to US?

Two things can happen. K1 comes to the US and gets married and adjusts status, or K1 comes to the US and doesn't get married and has to go home. The second part is the reason the K1 is a non-immigrant visa. The immigrant part cannot happen until/unless the marriage occurs.

Also there is nothing stopping someone married to a USC from trying to get an H1B or Tn. Marriage in and of itself is not considered intent to immigrate. Several people on VJ have posted that they received Tn's after marriage to a USC. How? They were living in Canada and intended to return to Canada when the Tn was done.

As far as H1B's, the whole concept of dual intent (as CC90 already said), is that you are entering the US as a non immigrant at the time of entry, but are allowed to have immigrant intent towards a future date. The department of state has clarified in the past that a H1B can not be denied for any issue relating to immigrant intent.

[braffy 0]

I do agree. The only issue of fraud can arise if you don't actually use the H1-B to work for your designated employer. Obviously, this is not a problem for you. Getting a TN would be difficult, but I've heard of situations (not been a party to one, though) where people have been able to get away with it even while admitting to a USC spouse. However, your H-1B is safer.

Also there is nothing stopping someone married to a USC from trying to get an H1B or Tn. Marriage in and of itself is not considered intent to immigrate. Several people on VJ have posted that they received Tn's after marriage to a USC. How? They were living in Canada and intended to return to Canada when the Tn was done.

As far as H1B's, the whole concept of dual intent (as CC90 already said), is that you are entering the US as a non immigrant at the time of entry, but are allowed to have immigrant intent towards a future date. The department of state has clarified in the past that a H1B can not be denied for any issue relating to immigrant intent.

Indeed, currently we have no plans to stay in the US after my contract is finished, and our most likely destination thereafter is back to Canada. So from that point of view I should in theory be eligible for a TN. However, I agree with everyone here that there is a high chance of being denied the TN at the border due to our lack of firm plans and (in particular because my wife is a USC) the officer could reasonably suspect that my intent might be to immigrate. Fortunately, that assessment doesn't come into play with the H-1B so we will definitely go that route.