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by notevenremotely 528 days ago
H1-B is non-immigrant and temporary. L1 is non-immigrant and temporary.

Going from TN to an immigrant visa via AOS is only risky in the sense that:

- After you've filed your i485 you will no longer be able to get TN status, this applies regardless of your non-immigrant status.

- You can't travel abroad between filing the i485 and receiving AP, which could be 6+ months.

On the plus side you get a Green Card and don't have to play the H1-B lottery.
1 comments
wk_end 528 days ago
H1-B and L-1 are both dual intent [0]. TN isn't.

[0] https://en.wikipedia.org/wiki/Dual_intent

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notevenremotely 528 days ago
True but that doesn't really impact your ability to apply for a Green Card from TN. You have to wait 91 days [0] since your last entry before making an adjustment of status application.

[0] https://www.boundless.com/immigration-resources/90-day-rule-...

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returningfory2 528 days ago
Every year thousands of people in statuses like F-1, O-1 and TN get employment based green cards. The idea that you have to be in H-1B or L-1 status to get an employment GC is simply 100% false.
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3vidence 528 days ago
+1 idk why I people keep saying that TN and H1B are the same. They are fundamentally different visas
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notevenremotely 527 days ago
Nobody is saying that. They are in the same category of non-immigrant visas.
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3vidence 527 days ago
They are categorically not, see the above comment on dual intent.

You can get a TN visa cancelled for expressing desire to stay permanently

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notevenremotely 527 days ago
> They are categorically not, see the above comment on dual intent.

They are.

https://travel.state.gov/content/travel/en/us-visas/visa-inf...

> You can get a TN visa cancelled for expressing desire to stay permanently

That is not true provided you follow the 90 day rule.

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3vidence 527 days ago
In the conversation of moving to the US for work 90% of visas are going to be non immigrant so saying all non immigrant visas are equivalent is needlessly obtuse.

An H1b allows the person to enter the country with the intention of getting a GC and can do so without having to leave the country.

A TN visa is re issued every single time you cross the border and can be denied by a border guard on any amount of misrepresentation

Secondly, your advice about the 90 day rule without context is both bad advice and can get someone's visa cancelled and stuck out of the country.

For future readers. Don't take this advice, ask a lawyer and if you intend to get a GC don't go on a TN unless you want legal complexity.

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