TN and H1B "almost" at the same time?

[StanMC 0]

Hello, new to the forum here.

Is the next scenario possible?

Get a TN visa through employer, and just afterwards (before TN visa expiration) apply for a H1B visa?

The reason being that a TN you can get in a matter of days, while the H1B is a matter of several months, and priority is to catch a particular (very attractive) position immediately before it's no longer available. And the reason for the H1B would be for a Green Card application.

SO, in summary have the H1B application running (which doesn't yet mean H1B non-immigrant status) WHILE having a non-immigrant status through the TN? Then if H1B is approved renounce the TN and continue with H1B?

Thanks a lot.

[Boiler 45,911]

Is this for a non profit?

[StanMC 0]

No, this would be a regular employer.

[Boiler 45,911]

How are you going to get a H1b in a few months?

[StanMC 0]

What I meant was first get a TN approved, THEN while in TN status apply for H1B, all this through the employer ofcourse.

[Boiler 45,911]

If the Employer/their Lawyer wants to nothing to stop that happening.

Why they would want to is another issue.

[StanMC 0]

My concern is with USCIS not with the employer, will THEY allow me to do that?

[Boiler 45,911]

You can not do anything, down to your Employer, I do not see an issue.

[jan22 3,056]

But, you need to also recognize that an H1B visa will not necessarily lead to a green card. It is, in fact, a non-immigrant visa. An employer can, should they choose, agrees to sponsor you for an employment-based immigrant visa if they value your work, but there is no guarantee of that.

[kzielu 1,149]

But, you need to also recognize that an H1B visa will not necessarily lead to a green card. It is, in fact, a non-immigrant visa. An employer can, should they choose, agrees to sponsor you for an employment-based immigrant visa if they value your work, but there is no guarantee of that.

They actually could petition him for GC while on TN, so if they had that intent, no reason to file for H1B...

[Mollie09 1,543]

They actually could petition him for GC while on TN, so if they had that intent, no reason to file for H1B...

H-1B is dual-intent, TN isn't. With TN you have to prove nonimmigrant intent, so if you apply for a green card it can get tricky.

H-1B to green card is much smoother, and I recommend that over TN.

Back to the original issue, this is an old answer but it's from an immigration specialist:

https://answers.yahoo.com/question/index?qid=20090823131532AAYjrcl

Hope it helps!

[StanMC 0]

Thank you all, your replies have been most helpful.

One more question then, after being approved the TN how quickly can I start the H1B process? At the same time? A few days/weeks/months/years!?

Thanks again.

[canadian_wife 1,826]

YOU don't start the H1B process, your employer does.

Applications are accepted in April I believe, so this year is complete. You will talk to the employer's lawyer to get this process started.

Good luck

[Mollie09 1,543]

Applications are accepted in April I believe, so this year is complete. You will talk to the employer's lawyer to get this process started.

True unless he (or his job) is cap-exempt. In that case, your employer can apply at any time. It's completely separate from the TN.

Good luck!

Edited July 21, 2014 by F1H1I130

[StanMC 0]

True unless he (or his job) is cap-exempt. In that case, your employer can apply at any time. It's completely separate from the TN.

How can I tell if it's cap-excempt? Is there a list of categories I can look at? or by type of work?

1. In my case the job "provides installs and maintains high performance equipment for visual effects post production"
2. I have an engineering degree

Anyone know if that counts as cap-excempt?

Thanks.