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  • TN to H1B to TN

    I am a Canadian citizen living and working in the US for the past ten years. Originally I started working here on a TN visa, but then decided to permanently re-locate here. I got an H1B visa (long complicated story) which is about to expire in October. I have just re-started the PERM process (Prevailing wage and recruitment are complete). My companies Lawyer thinks I should hold off on filing the PERM application and return to Canada to process a TN visa before my H1B expires. My question is will the Border Agents approve a TN visa when the offer letter comes from the same company that sponsored my H1B? If I have been working for a company for over two years and it is documented in my passport, how can I get a letter offering me the job I am already occupying? How big a problem is this?

  • #2
    No big deal. The H1B job is a temporary job. Have you completed 6 years in H1B status?
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      No big deal. The H1B job is a temporary job. Have you completed 6 years in H1B status?
      Yes kind of a long story but the original GC application fell apart when my employer lost the contract and when I moved it to my new employer after 4 years I discovered the first one never submitted the PERM. My new employer failed in include the phrase "or equivalence" on the job posting so my i140 was rejected even though the PERM was approved by DOL. I just restarted the process in May and thus far have successfully completed Prevailing Wage and recruitment phases. Now I need to get the TN so I can work while my PERM, i140 / i485 are processed. It is a bit of a race against the calendar as my son ages out next July (he turns 21), and wants a GC before then. He has been here since he was 10 years old, and wishes to say on....

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