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Immigration Issues/H1B to TN-1 to Resident.


Thanks for taking my question as I will try to keep it brief and to the point.  I'm a Canadian citizen currently in the US on a H1B visa (expires 10/20/2010) working for an IT contracting company.  My wife (US citizen) and I were married on 8/31/2008 and filed all of our paperwork (I-485 and others) for adjusting my status to that of Permanent Resident on 10/21/2008.  I have noticed that USCIS has cashed our checks.  The company that I'm contracted to now wants to hire me on full-time.  Without having them incur the cost of the H1B (employment transfer) since this status should be adjusted once our paperwork has been processed, I mentioned they could use the temporary TN-1 visa option. On the TN-1 you have to physically leave the country and apply for it when re-entering HOWEVER if I leave the country I have been told that our application for adjustment of status is considered abandoned.

What could I do so that I can change my status from H1B to TN-1 while not abandoning our I-485 application?  Is there any way to possibly do this (H1B -> TN-1 -> Permanent Resident) in a relatively quick manner (less than a month)??  (Even if I cannot qualify expedition of the Advanced Parole, I-131 form)

Lastly, if I just went and got a TN-1 and forfeited my Permanent Resident status application, could I just file it again?  Would I have to pay all the fees again?


Switching to a TN is not the best option for you.  Since you have already filed for an adjustment of status, I would suggest (if you have not already done so) that you apply for an EAD card and an Advance Parole.  The EAD card will allow you to work for any employer in the US without the need to file for an H1b.  The AP would allow you to leave the US and reenter until your adjustment of status is approved. These applications usually take approximately one to three months for approval.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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