TN or H1B visa for Canadian Citizen in F4 queue

[sacruz1 0]

My friend who is a Canadian Citizen wants to work in US until his F4 application is processed (sibling applied for him - 10+ year waiting time). He is qualified and would like to work and live in US for this waiting period (mainly due to weather).

I read that TN is not a dual intent visa, so don't know if he can apply for TN while his F4 is in queue. Other way around is not permuted, means he cannot apply for GC on his own while on TN, since its a temporary work visa.

H1B are hard to get for Canadian and have more restrictions, but can lead to his own Green Card. Is obtaining an H1B possible while the professional also falls under NAFTA/TN? Is applying for his own GC possible after spending required amount of time in US as Canadian on H1B ?

Do employers (who hire foreigners) prefer H1B from overseas or TN from Canada/Mexico? Are they both paid equally?

What is the best solution for his case? He has early signs of arthritis in his 30s and is quiet desperate. He is well qualified and his skills are in very high demand.

[warlord 73]

My friend who is a Canadian Citizen wants to work in US until his F4 application is processed (sibling applied for him - 10+ year waiting time). He is qualified and would like to work and live in US for this waiting period (mainly due to weather).

I read that TN is not a dual intent visa, so don't know if he can apply for TN while his F4 is in queue. Other way around is not permuted, means he cannot apply for GC on his own while on TN, since its a temporary work visa.

H1B are hard to get for Canadian and have more restrictions, but can lead to his own Green Card. Is obtaining an H1B possible while the professional also falls under NAFTA/TN? Is applying for his own GC possible after spending required amount of time in US as Canadian on H1B ?

Do employers (who hire foreigners) prefer H1B from overseas or TN from Canada/Mexico? Are they both paid equally?

What is the best solution for his case? He has early signs of arthritis in his 30s and is quiet desperate. He is well qualified and his skills are in very high demand.

You are correct, if they had already filed for an F4, then that would not allow him to apply for a TN, as you mentioned it is a non-immigrant status. The H1-B visa does take timing, and you have to check on when those are approved and if the cap-limit has been reached. It is generally harder to get compared to a TN status, however, in this case it may be the only option...

[FlipgalRN 19]

Sorry I'm late on this reply. I would have to disagree. I was sponsored by my parents originally for a F2 (Family Second Preference) from my father back in 1998 and while waiting I applied and I got a job offer from a company in California (2001) they sponsored me on a TN Visa and eventually sponsored me for my GC (2004). Two years later I received the letter of acceptance for my F2 but by then I was already married with a GC. So yes he can apply for a TN visa or H1B in the meantime. There were no problems for me in that sense.