Hi,

I have been in the US for the past 3 years on TNs. Currently, I am on another TN teaching at a University. It expires in August 2007

My employer (university) wants to sponsor me for a green card, but they want to go through the H1B route.

Now, I am about to apply for an H1B. Their plan is to proceed with labor certifcation (perm) application once the H1B is approved, hopefully early next year.

(1) if I put in my H1B application, does it mean I can't travel out of the US until I hear from them ? (Note, I still have a valid TN)

(2) secondly, does the H1B application invalidate the TN?

(3) thirdly, i have a spouse in my home country (Africa). Can I include her as part of the H1B application. She has never been to Canada or US? Will it complicate things, or actually facilitate or speed up our re-union?

Thanks very much for you attention...

MN

Your employer will need to get an immigration lawyer. I think you will have to go back to Canada and wait for H1B to be issued. Once you have applied for another kind of visa, your TN expires. I believe you can apply for your wife at the same time but her being in Africa and not Canada may be a problem. Are you a Canadian citizen?

Your employer should be the one to deal with all this - and they should ahve legal counsel on staff. Most Universities do. H1b is good because you can apply for GC from H1B.

Also, if you are not a Canadian citizen - you are NOT supposed to have TN status. If you do and you re not a citizen - there could be a problem.

Find out about paying the $1000 for expediated service.

Thanks very much. I am a Canadian citizen. And the TN is still valid, so i was assuming i can remain working here until the H1B is approved. Thanks for the help.

Regards, MN

h1b is NON IMMIGRANT visa - so yes you can apply for it while on tn. In fact, they encourage it.

But get a lawyer. h1b's are pretty complex these days due to massive fraud.

r

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