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Employment-Based Visa - For Sammy, NYCImmParalegal and Others

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  • Employment-Based Visa - For Sammy, NYCImmParalegal and Others

    Hi, (sorry had to rephrase, shorten and repost - still hoping for answers)

    (1). I came here in July 2003 on a TN-1 which expires later (June) this year.

    (2). Getting another TN could be difficult, as it did during my initial TN application where I was only lucky to get a discretionary approval because my research duties - Research Analyst in a private firm - do not directly match any of the TN occupational titles, hence I was thinking of applying for H1B since I have my Masters, and close to finishing my Ph.D in the Social Sciences (Sociology).

    (3). Do I have enough time (February -- June) to apply for H1B now,or do I have to do premium processing.

    (4). Secondly, how likely is it that the visa quota would have been reached by the time my application is received - there are speculations that the 65K cap would be reached this spring?

    (6). Given that I would preferably want to stay in the US working, what options do I have?

    -- I thought of applying for the H1B by regular processing, and then expediting it if I don't hear about cap limits, and I have about 4 weeks left on my TN, and then do a mail-in TN at the same time? This would give me a shot at both visas.

    -- Try the TN mail-in renewal in May, and then wait for the results - at least that would give me about 120-days to work, until I hear from them.

    -- Apply for a teaching position in a college/university - if I'm offered a job, I can either get a TN or apply for an H1B (since educational institutions are not subject to caps).

    (7). Can I apply for TN renewal if H1B is denied? What problems would i run into - in other words, does pending H1B applications cancel all other chances for TN?

    (8). Finally, can I leave the US for a visit to Canada or outside North America during the validity of my TN, if I have a pending H1B application?

    Thanks in advance for your assistance..

    /Noelam

  • #2
    Hi, (sorry had to rephrase, shorten and repost - still hoping for answers)

    (1). I came here in July 2003 on a TN-1 which expires later (June) this year.

    (2). Getting another TN could be difficult, as it did during my initial TN application where I was only lucky to get a discretionary approval because my research duties - Research Analyst in a private firm - do not directly match any of the TN occupational titles, hence I was thinking of applying for H1B since I have my Masters, and close to finishing my Ph.D in the Social Sciences (Sociology).

    (3). Do I have enough time (February -- June) to apply for H1B now,or do I have to do premium processing.

    (4). Secondly, how likely is it that the visa quota would have been reached by the time my application is received - there are speculations that the 65K cap would be reached this spring?

    (6). Given that I would preferably want to stay in the US working, what options do I have?

    -- I thought of applying for the H1B by regular processing, and then expediting it if I don't hear about cap limits, and I have about 4 weeks left on my TN, and then do a mail-in TN at the same time? This would give me a shot at both visas.

    -- Try the TN mail-in renewal in May, and then wait for the results - at least that would give me about 120-days to work, until I hear from them.

    -- Apply for a teaching position in a college/university - if I'm offered a job, I can either get a TN or apply for an H1B (since educational institutions are not subject to caps).

    (7). Can I apply for TN renewal if H1B is denied? What problems would i run into - in other words, does pending H1B applications cancel all other chances for TN?

    (8). Finally, can I leave the US for a visit to Canada or outside North America during the validity of my TN, if I have a pending H1B application?

    Thanks in advance for your assistance..

    /Noelam

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