Posted on: 19-04-05 12:08:23
Quote:
Orginally posted by DiogenestheCynic
TN is a visa that has to be renewed every year and is entirely dependant on the whims of the immigration official at the border. A refusal to grant that visa cannot be challenged either. Imagine a situation where you are in the middle of a project and your anniversary for renewal comes up. You go to the border and the immigration official has had a tiff with his wife at home. He is in a bad mood and turns down your visa request. Reason - you have already been working in the US for 2 years and it seems that you are attempting to do that regularly.
Boom!!
H1 is safer. You are in for at least three years and quite certainly for another three if nothing goes terribly wrong.
I have heard very few cases of renewals not going through. Once the first TN is issued and if you have not broken the conditions of TN visa, you are good to go.
But you are right, you never know, especially with married people (who are immigration officials too).
Just thinking it would be beneficial to both company and consultant.
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I once made a mistake, but I was wrong about it.
Vick - a couple of errors in your post. The generic tale of H1B holders arriving in the US and disappearing is (in my opinion) more myth than fact. Heres why:
1. To join a new employer they need an H1B Transfer. For H1B transfer they need paystubs from current employer. Without paystubs their H1B transfer petition may be denied in which case they need to depart the US immediately, OR sometimes may be approved but their status may be denied. In which case they have to leave the country and get fresh H1B stamped before they can work for the new employer.
2. Entering the US on visa of Employer A and joining Employer B can count as Immigration Fraud. The Visa holder has every right to switch employment, but that means that he should atleast work with the Employer on whose Visa he has arrived in the US for some period (say, at least 1day) before he decides to change. If he has no intention of working for Employer A and lands in the US on Employer A's Visa but commences work for Employer B - it can be interpreted as Immigration Fraud. This will bounce back on the consultant at the time of Green Card (final 485 stage when they verify all his US entrance and Visas)
To: mercury6
I dont think a TN Visa is a very good deal for someone to work in the US except on a short-term/ temporary basis. If one is looking for longterm employment or for settling down in the States, the H1B is (in my opinion) the preferred option. I have commented on this somewhere else on this forum.
If the person has worked for a Canadian company and then wants topgo to work for the same firm in US, L1/L2 would be best.
One advantage L1 has ober H1B is that the L2 spouse is allowed to work whereas the H4 spouse cant.
That can be a big thing if your wife wants/needs/likes to work.
i agree with canadian dream's post. Vick has to realize its not so easy to transfer right away.
Asking the consultant to pay for the visa fee upfront is a red flag. Only desperate folks would buy that.
Quote:
Orginally posted by Canadian Dream
Vick - a couple of errors in your post. The generic tale of H1B holders arriving in the US and disappearing is (in my opinion) more myth than fact. Heres why:
1. To join a new employer they need an H1B Transfer. For H1B transfer they need paystubs from current employer. Without paystubs their H1B transfer petition may be denied in which case they need to depart the US immediately, OR sometimes may be approved but their status may be denied. In which case they have to leave the country and get fresh H1B stamped before they can work for the new employer.
2. Entering the US on visa of Employer A and joining Employer B can count as Immigration Fraud. The Visa holder has every right to switch employment, but that means that he should atleast work with the Employer on whose Visa he has arrived in the US for some period (say, at least 1day) before he decides to change. If he has no intention of working for Employer A and lands in the US on Employer A's Visa but commences work for Employer B - it can be interpreted as Immigration Fraud. This will bounce back on the consultant at the time of Green Card (final 485 stage when they verify all his US entrance and Visas)
To: mercury6
I dont think a TN Visa is a very good deal for someone to work in the US except on a short-term/ temporary basis. If one is looking for longterm employment or for settling down in the States, the H1B is (in my opinion) the preferred option. I have commented on this somewhere else on this forum.
I dont agree with your point..this i mentioned not out of blue or something i will get out of it.this is the fact which i mentioned.you will require pay stubs when you work for a company for certain period and anybody entering on Employer A can transfer to Employer B stating that at this time Employer A dosent have a Project and Employer B is willing to sponsor because he's got a project.I am not telling that they did it on day one..they might have got transferred in a fews days or weeks perhaps.
You should ask someone about this.Anyways..i appreciate your views
Dear Vick,
First impression of your following msg is that
1. Candidate never joined you for a single day
2. Got off to another employer without your knowledge (someone wud hv provided pay stubs... right?)
Quote:
Orginally posted by vick_STI
they called me to thank me and said that they will be landing in a month as they have preparations to make.Two months passed and i dint hear any word from them and i tried to contact them but in vain.
Following gives an impression that candidate did work for you for some time
Quote:
Orginally posted by vick_STI
I am not telling that they did it on day one..they might have got transferred in a fews days or weeks perhaps.
You should ask someone about this.
I find above two contradictory. Or may be I missed some important point!
Regards.
Quote:
Orginally posted by texancanadian
If the person has worked for a Canadian company and then wants topgo to work for the same firm in US, L1/L2 would be best.
One advantage L1 has ober H1B is that the L2 spouse is allowed to work whereas the H4 spouse cant.
That can be a big thing if your wife wants/needs/likes to work.
yes, L-2 visa holder can work in the US, but they would still need authrization from BCIS in order to take up employment, rather simple process though.
Manjeet
