Just got H1-B new Employer wants to give TN

[habs24]

Hi everyone
Thank you so much in advance for any help.

I'm in a bit of a tough situation i think. I have worked for a company for 5 years on TN. Finally the border started giving me a huge hassle. Last trip i requested 3 years, as that's the new max, and the border agent literally said "NO, i'll give you 1 year, and i'm marking your profile that you shouldn't be allowed any more TN's since it's a temporary thing".

Anyway -suffice to say- i told my employer that i really need to get H1-B as that makes more sense.

I got it!
Thanks to them - i have an H1-B.
However, the company is not doing well and i'm afraid that I need to move on. I found a new job - and the new employer's lawyers are saying that:

They want me to get a TN - and would rather not do the H1-B because they expect it to be difficult to get a PERM since I have only 2-year degree + 7 years of experience. They say that my education + experience will only be viewed as the equivalent of a 4-year education and it will be tough to prove that there are no candidates to fill the job.

So my questions are: Why are they pushing the TN? If i have an H1-B why wouldn't they just file for H1-B? What is the PERM and when does it come into play? Are they just pawning the whole thing on me - or are they genuinely doing the right thing by asking me to go again and ask for 3-year TN?

My goal was to some day apply for a green card - and obviously that stops being an option if i move back to TN.

This board is so helpful, thank you all very much
R

[Subramanya]

I'm in a bit of a tough situation i think. I have worked for a company for 5 years on TN. Finally the border started giving me a huge hassle. Last trip i requested 3 years, as that's the new max, and the border agent literally said "NO, i'll give you 1 year, and i'm marking your profile that you shouldn't be allowed any more TN's since it's a temporary thing".

Anyway -suffice to say- i told my employer that i really need to get H1-B as that makes more sense.

I got it!
Thanks to them - i have an H1-B.
However, the company is not doing well and i'm afraid that I need to move on. I found a new job - and the new employer's lawyers are saying that:

They want me to get a TN - and would rather not do the H1-B because they expect it to be difficult to get a PERM since I have only 2-year degree + 7 years of experience. They say that my education + experience will only be viewed as the equivalent of a 4-year education and it will be tough to prove that there are no candidates to fill the job.

So my questions are: Why are they pushing the TN? If i have an H1-B why wouldn't they just file for H1-B? What is the PERM and when does it come into play? Are they just pawning the whole thing on me - or are they genuinely doing the right thing by asking me to go again and ask for 3-year TN?

---- The employer may be looking to file for a GC for you and they must have been advised by their attorney's that GC is not possible as your degree + experience comes to only 4 years, whereas you need atleast 5 years of progressive experinece to statrt filing for a GC

---- PERM is the first step in filing for a GC. It is the labor application that is being done electronically these days

---- Change your employer and look for a new employer to transfer your H1 and start negotiating with them for the GC and other matters

My goal was to some day apply for a green card - and obviously that stops being an option if i move back to TN.

---- Everyone understands that a GC on TN visa is next to impossible except uner rare circumstances

Subramanya