Ask HN: TN-1 to H1-B or Green Card

5 points by FruityFarm ↗ HN
I'm a Canadian currently on a TN-1 visa. What's the best way to transition to H1-B or Green Card? Can I apply for an H1-B while being on the TN without any repercussions?

Thanks!

5 comments

[ 2.7 ms ] story [ 18.0 ms ] thread
Disclaimer: don't take this as a legal advice, consult with your employer's immigration lawyers.

From my experience: yes you can apply for H1-B while on TN without repercussions. I've been through this several times before winning the lottery.

Isn't it the case that you can't leave and re-enter the US after doing that though?

Edit: re-enter OR renew your TN.

I think it's the case with TN to green card transition, which is also technically possible but lies in legal grey area.

As far as I understand TN-1 to H1-B is a straightforward and above the table process: my employer's lawyers OK-ed all my trips and didn't warn me about any potential complications on the border. But again, do not take it as a legal advise, I'm speaking from my limited personal experience.

Gotcha, I was thinking of the Green Card application. H1-B is dual-intent, so all above board there.