Immigration Issues/H1B to TN


I have passed my 6 yrs on an H1B Visa, however recently had it extended to Nov 2007 because the company I work for was applying for my green card. It was in the works for 3 yrs when they dropped the ball by not returning the 45 day letter. They've recently started again via the new PERM process.

I have decided to leave the company. What are my options? I am a Canadian citizen. Is it possible for me to go back to a TN visa with a new US company (I have an offer and could start asap)? Could a new company transfer my existing H1B and start the green card process asap? Or, do I need to return to Canada for a year and try again?

My wife is also here on an H1B and will be asking her employer to sponsor her for a green card. If I have to go back to a TN, I may continue on that path until she (hopefully) receives her green card. Any idea how long that takes with PERM?  

Your best option is to go back to TN status. The perm labor part only takes a few months but the complere processing will take a few years, unless she is a 1st or 2nd preference case (EB1 or EB2) You can have the new company put in a new perm case for you and change back to H after it has been pending for more than a year, but a TN visa is just as good so I do not see anyreason to go back to H.





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Robert Hollander<B> Esq.</B>



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