F1-->H1B or TN or EB2

[Harry_Pluxen 0]

Hello all, please forgive me if I am not following proper procedure; I am a new member on these forums and this is my first post.

I have recently graduated from University in Canada and have been accepted with scholarships to several US law schools and am planning to attend as of the fall this year. Obviously I will be on an F1 student visa for the next three years until I graduate in 2019.

Ideally I want to establish permanent residency in the USA after graduation. Because of my situation (and because I am, afar all, going to law school) I have already done some preliminary research into USA immigration law. From what I understand I will qualify for the TN visa , H1B visa and a Green card (EB 2 in all likelihood) upon graduation, provided that I have a job lined up, of course.

The way I see it, getting an immediate EB 2 green card is the best option, but probably the most difficult to obtain at first because of the PERM test requirements. Also, I would have to be on a temporary visa while my employer petitions the DOL and UCSIS for the Green Card. It seems to me that an employer would be more likely to not find a qualified US worker through the PERM test if I have some sort of specialization in a niche area of law or some amount of work experience under my belt.

That brings me to either the H1B visa, for which I believe I qualify for the extra 20, 000 "professionals" category, or the TN visa and then marriage to an American citizen. I am discouraged from pursuing the second option because I am afraid of being caught seeking a GC while on a TN visa, since TN does not allow for dual intent. There's also the matter of finding the right wife, of course.

Are there any people here who have experiences similar to that which I am considering here when entering the US?

Thanks!

[Harry_Pluxen 0]

FYI: I am a Canadian Citizen.

[canadian_wife 1,823]

I'm confused, are you going to us the F-1 to attend law school and then you are looking for options after our F-1 visa expires?

Good luck

[Harry_Pluxen 0]

I'm confused, are you going to us the F-1 to attend law school and then you are looking for options after our F-1 visa expires?

Good luck

Yes, as mentioned in the first paragraph, I will be on an F1 visa for three years. I am looking for a pathway towards residency upon graduation.

Thank you.

[NikLR 13,227]

~~moved to work visas from Canada regional forum. Question is not regionally specific and is about looking for work visas after the F1~~

[caliliving 606]

You get a year of OPT after you graduate law school for work.. You just have to pay like $600 and apply for it in the appropriate time frame. SO you can work for one year after you graduate. after that good luck. It is very hard to get an H1B company to sponsor you after you graduate. Majority of the H1B jobs are for apple, google, microsoft. Also, it isnt as easy to get a law firm to go the TN route. however, alot can change in 4 years. I wouldnt really worry about it until then. But just understand that it is very very hard to get a company in the US to sponsor you, or even to go to TN route even though it seems very easy for companies to do. Their are thousands of lawyers in the USA.

What school are you looking at?

[Harry_Pluxen 0]

You get a year of OPT after you graduate law school for work.. You just have to pay like $600 and apply for it in the appropriate time frame. SO you can work for one year after you graduate. after that good luck. It is very hard to get an H1B company to sponsor you after you graduate. Majority of the H1B jobs are for apple, google, microsoft. Also, it isnt as easy to get a law firm to go the TN route. however, alot can change in 4 years. I wouldnt really worry about it until then. But just understand that it is very very hard to get a company in the US to sponsor you, or even to go to TN route even though it seems very easy for companies to do. Their are thousands of lawyers in the USA.

What school are you looking at?

Yes, I am aware of OPT. Thanks for reminding me, however.

What makes you say that it is hard to get an H1B or a TN visa? I have spoken to alumni, who were Canadian citizens, and have attended law school in the USA and they have not had any trouble with visa sponsorship on either a TN or H1B. Could you be more specific? I will be attending a top school.

[caliliving 606]

if you are going to a top law school that will help also working the year on opt will help as well. I wouldnt worry too much for a few years tho. try to work as much and do good internships that could get you a good job at a good company from the OPT and from there hope to turn it into them sponsoring you. since you know people that have worked here you can ask them. TN is always easier, less paperwork (you can essentially draft up the letter yourself) and with H1B the employer has to apply, spend 10k+ and you can only apply once a year (i believe it is apply april work oct or apply oct work april)). SInce you know people that have done it, ask them what they did and how tough it was. Getting a company to sponsor you is not as easier as people think and who knows where the economy will be in 4 years. But, it would depend where you go to school, what state you are working in and of course supply/demand.

[Harry_Pluxen 0]

if you are going to a top law school that will help also working the year on opt will help as well. I wouldnt worry too much for a few years tho. try to work as much and do good internships that could get you a good job at a good company from the OPT and from there hope to turn it into them sponsoring you. since you know people that have worked here you can ask them. TN is always easier, less paperwork (you can essentially draft up the letter yourself) and with H1B the employer has to apply, spend 10k+ and you can only apply once a year (i believe it is apply april work oct or apply oct work april)). SInce you know people that have done it, ask them what they did and how tough it was. Getting a company to sponsor you is not as easier as people think and who knows where the economy will be in 4 years. But, it would depend where you go to school, what state you are working in and of course supply/demand.

Thanks for your response. Just to clarify, could you please explain how you know so much about the work visa process and how it relates to lawyer jobs? I am aware of the issues that the USA legal market has been going through. But, I am curious where you are getting your information from, Caliving, since your profile says you are on a R1 visa, which is not directly related to the subject matter of my question.

Also, some of the facts you mentioned are patently false; H1B fees are a fraction of $10k - even if you get premium processing. OPT fees are not $600. Also, based on my research, the TN visa requirements are not difficult at all barely worth mentioning if you are a Canadian (which I am). Could you please explain where you are getting all these facts from?

[caliliving 606]

Sorry I was off on the cost of the OPT! It has been a while. Anyways, it seems as though you have it all figured out. So i am sure you will be fine:)

[SS_P 0]

What will be the fastest time frame and that you could apply for Greencard afterwords.

Is H1B, H4, Student Visa, or Blood relation?

I mean which visa you can get fast.

[SS_P 0]

On H1B visa, what is required for traveling and what are the rules.

If visiting oversea then what are the good news and bad news on this, please help.

[Harry_Pluxen 0]

What will be the fastest time frame and that you could apply for Greencard afterwords.

Is H1B, H4, Student Visa, or Blood relation?

I mean which visa you can get fast.

What?

I'm not sure what you are asking. Could you please rephrase your question?

For my case, I believe the TN visa is the fastest. Other than that, I do not know which is the best option, which is why I asked the question.

Does anyone else have input regarding this?

[snyc01 1]

No law firm is going to do an H-1B or green card right away. A TN is easy, inexpensive, and much less onerous than an H-1B, as I believe H-1B requires a labor certification showing the job was advertised in the US. And finally, you don't have to enter a lottery like you would with an H-1B, you just show up at the border with your letter of employment and credentials. There's no reason to risk the H-1B lottery, especially when a TN last for 3 years, and I've known people who have renewed it for 10 years.

I have occasionally heard of a law firm sponsoring a Canadian for a Green Card when they want to keep them. But to do that they'll have to show there's something that's unique about you that requires they hire you over an american. That can happen eventually, but not as a first-year. Once you're on the partner track you can ask those questions.

[akihon 129]

Just for reference, I was on F-1 and went on OPT before adjusting status to H-1B. I paid nothing for OPT, and H-1B last I heard, cost about $2500.