Canadian on L1, should I apply for a Green Card or just use TN visa if I ever want to change employer?

Google Pomegranat
Dec 8, 2018 9 Comments

Wondering if anyone could share their insight -- I've heard it's quite easy to get the TN visa as a Canadian. Should I apply for a Green Card (could take ~18-24 months) or just use TN visas if I ever want to change employer? I'm currently on an L1-A and employer sponsors and funds my Green Card process.

comments

Want to comment? LOG IN or SIGN UP
TOP 9 Comments
  • Broadcom Ltd. / Eng
    headbanger

    Broadcom Ltd. Eng

    PRE
    Intel, Broadcom Ltd.
    headbangermore
    Canuck here! I was on TN for 12 years. Two different employers too. So don’t listen to people who say it may not get renewed especially if the renewal is done by mail as opposed to renewing at the border (subject to officer’s mood 🙂). The only threat to TN is NAFTA itself which is not the case anymore because NAFTA 2.0 was just signed by all three countries.
    I am not familiar with L status. If there’s no time limit on it, why would you want to convert to TN?
    The difference between TN and L is when you file I-485 and I-131. From the time you file those forms for your GC to the time when you get the physical Advance Parole card in mail, you cannot leave the US and come back again on TN as you’ve shown immigrant intent by filing I-485. After filing I-485, you’ll need AP to get back in the country. With L and H statuses, that is simply not the case as they’re dual intent statuses.
    Also, there’s a period after your last entry on TN when you cannot file I-485. I think it’s 60 days.
    The restrictions don’t end after GC. You cannot leave the US and go back to Canada for more than a year as you’d risk losing the GC. Even after US citizenship, if you ever went back to Canada, you’d have to file taxes in both countries every freaking year.
    I miss my TN days as I had more freedom. I can’t go back to Canada for a few years to attend to my old parents. So I had to move closer to the border.
    Bottom line: think twice before you apply for GC. Make sure that is what you really want.
    Dec 8, 2018 2
    • Google Pomegranat
      OP
      What made you get off the TN? I don't want to convert from L to TN, I'm just thinking about the scenario if I ever leave my current employer. L was an internal international transfer and would no longer apply to me if I were to go elsewhere.

      Good food for thought! I'll do some more noodling.
      Dec 12, 2018
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      The second employer pretty much forced me to apply for GC. The HR even got my boss involved. He had a 1 on 1 with me and told me that HR said I was interfering with my employability at Broadcom if I didn’t sign the GC papers. The typical BS was their argument: what if the gov’t didn’t extend my TN anymore!! And this was way before Trump days too. So in a moment of weakness, I said: oh ok, F it, I sign the papers!
      You will need a TN to change employers. Make sure your occupation is on the list of NAFTA occupations. TN is stricter than H or L when it comes to the job title and description.
      Dec 13, 2018
  • Amazon Flynn
    If you want to stay here you should apply for a green card. TN visas aren’t renewable indefinitely. You’ll get more and more scrutiny until suddenly you’re denied reentry at the border.
    Dec 8, 2018 0
  • Cisco kichha
    You don’t need to file US taxes if you are a non resident and have NO income in US .. this applies to GC holders and US citizens also..
    Dec 15, 2018 2
  • Amazon Flynn
    You could always either naturalize or give up the green card if you want to leave a few years. Then you’d be in the same position as never having applied for it.
    Dec 8, 2018 1
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Not really the exact same position. A US citizens must report their worldwide income and file US taxes even if they don’t live in the US. That’s not exactly the same thing as being just a Canadian citizen. I had a boss back in Canada who was a dual citizen. Born in the US to Canadian parents who moved back to Canada. He always complained about filing taxes in both countries. And in his case, he didn’t even have a choice.
      Dec 8, 2018