JD to Green Card

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Sullajulian

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JD to Green Card

Postby Sullajulian » Mon Apr 10, 2017 12:05 am

Hey all,

I am a canadian citizen who plans to attend an American law school, and have a few questions I'd appreciate if you could answer.

1) Am I right in believing that in order to get an H1B, it'l pretty much be big law or bust?

2) Do employers perceive a foreign applicant on a TN visa as a hassle, aka will this prove to be a disadvantage during OCI?

3) Is the best way to get a green card as an american educated lawyer (precluding marriage), to get sponsored for an H1B and ask the firm to sponsor the green card?

4) Do you have any knowledge/experience (negative/positive) with non-resident aliens' outcomes after law school?

Thanks a lot for all the help, and please don't hold back any punches.

MangoPapi

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Re: JD to Green Card

Postby MangoPapi » Mon Apr 10, 2017 8:15 am

I'm a 0L so hopefully someone with more experience can provide some better input

I talked to a few people that I've connected who are Canadian and are currently in the US for law school/graduated and they've told me that yes, being Canadian posed a little bit of trouble in regards to OCI but at the end of the day, they got the outcome they were expecting. The good thing for us Canadians is that all we have to do is go to the border and pay (I think $30? $50?) for the TN visa which is valid for three years therefore, employers don't have to sponsor us. Obviously for H1B1 that's something the firm will have to sponsor and typically, from reading prior threads, Biglaw firms are the ones on average that tend to be more receptive to the idea of sponsoring as opposed to smaller firms. As for the green card, marriage would be the best option but other than that, yes, H1B would be a good backup place however, keep in mind that the H1B1 is a lottery so the outcomes in regards to you getting a H1B1 visa are totally unpredictable.

Npret

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Re: JD to Green Card

Postby Npret » Mon Apr 10, 2017 9:36 am

All I can say re H1B1 is that the current administration is negative regarding them to say the least. They have temporarily cancelled expedited processing and just announced extra site visits, etc. I wouldn't want to rely on one, but that's just me.

H1B1 is a non immigrant intent Visa so it is not simple to turn it into a green card. I'm not gong through all the steps but don't assume it's easy. Also you have to be aware that even applying for permanent residence can possible impact your H1B1 status.

You should get actual advice from a lawyer who specializes in US Canadian visas. It would be worth a minimal consultation fee.

Edit: there are many sites that have info on who has even applied for H1B1visas or labor carts to get them. From the few firms I checked, the numbers are small.

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melmelcoolj

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Re: JD to Green Card

Postby melmelcoolj » Mon Apr 10, 2017 10:16 am

Npret wrote:All I can say re H1B1 is that the current administration is negative regarding them to say the least. They have temporarily cancelled expedited processing and just announced extra site visits, etc. I wouldn't want to rely on one, but that's just me.

H1B1 is a non immigrant intent Visa so it is not simple to turn it into a green card. I'm not gong through all the steps but don't assume it's easy. Also you have to be aware that even applying for permanent residence can possible impact your H1B1 status.

You should get actual advice from a lawyer who specializes in US Canadian visas. It would be worth a minimal consultation fee.

Edit: there are many sites that have info on who has even applied for H1B1visas or labor very to get them. From the few firms I checked, the numbers are small.


Hmm, where did you get the information that H1b visas outlaw immigration intentions? From what I gather, you can hold a H1b and apply for permanent residency with no problem, and I know many who have gone that path successfully after working for seven to eight consecutive years in an American firm. I think what you said pertains to F1 visas, which are student visas.

Otherwise, I think many people do rely on H1b visas, and they are doing fine. But it is true that the lottery only gives you a 50% chance of getting one. So worst case scenario, you will have to lateral to a Canadian branch (or London branch for that matter), and come back to the U.S. on an L1 visa.

Npret

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Re: JD to Green Card

Postby Npret » Mon Apr 10, 2017 3:28 pm

melmelcoolj wrote:
Npret wrote:All I can say re H1B1 is that the current administration is negative regarding them to say the least. They have temporarily cancelled expedited processing and just announced extra site visits, etc. I wouldn't want to rely on one, but that's just me.

H1B1 is a non immigrant intent Visa so it is not simple to turn it into a green card. I'm not gong through all the steps but don't assume it's easy. Also you have to be aware that even applying for permanent residence can possible impact your H1B1 status.

You should get actual advice from a lawyer who specializes in US Canadian visas. It would be worth a minimal consultation fee.

Edit: there are many sites that have info on who has even applied for H1B1visas or labor very to get them. From the few firms I checked, the numbers are small.


Hmm, where did you get the information that H1b visas outlaw immigration intentions? From what I gather, you can hold a H1b and apply for permanent residency with no problem, and I know many who have gone that path successfully after working for seven to eight consecutive years in an American firm. I think what you said pertains to F1 visas, which are student visas.

Otherwise, I think many people do rely on H1b visas, and they are doing fine. But it is true that the lottery only gives you a 50% chance of getting one. So worst case scenario, you will have to lateral to a Canadian branch (or London branch for that matter), and come back to the U.S. on an L1 visa.


No. H1B1 is clearly non immigrant intent. I know that firms can sponsor for green card but the process isn't simple. Once you go for permanent residence you can no longer reliably say you have no intent to immigrate. It doesn't outlaw it, whatever that means, but when you get the H1B1 visa the intention is that you are here temporarily for work- not to immigrate.

I'm not going to walk through immigration law advice when I think you should consult with an expert lawyer. Stuff happens.

FWIW I know some firms will informally agree to let you work at another location if you don't win the lottery, but I know of none that have a policy promising employment if you don't get a visa. You just can't assume that will happen.

The pressure on H1B1 seems to be ramping up so who knows what it will be in a few years. As I said, it doesn't seem like many firms even apply for them and those that do have a handful or so of applications.

TAD

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Re: JD to Green Card

Postby TAD » Mon Apr 10, 2017 3:43 pm

Npret wrote:
melmelcoolj wrote:
Npret wrote:All I can say re H1B1 is that the current administration is negative regarding them to say the least. They have temporarily cancelled expedited processing and just announced extra site visits, etc. I wouldn't want to rely on one, but that's just me.

H1B1 is a non immigrant intent Visa so it is not simple to turn it into a green card. I'm not gong through all the steps but don't assume it's easy. Also you have to be aware that even applying for permanent residence can possible impact your H1B1 status.

You should get actual advice from a lawyer who specializes in US Canadian visas. It would be worth a minimal consultation fee.

Edit: there are many sites that have info on who has even applied for H1B1visas or labor very to get them. From the few firms I checked, the numbers are small.


Hmm, where did you get the information that H1b visas outlaw immigration intentions? From what I gather, you can hold a H1b and apply for permanent residency with no problem, and I know many who have gone that path successfully after working for seven to eight consecutive years in an American firm. I think what you said pertains to F1 visas, which are student visas.

Otherwise, I think many people do rely on H1b visas, and they are doing fine. But it is true that the lottery only gives you a 50% chance of getting one. So worst case scenario, you will have to lateral to a Canadian branch (or London branch for that matter), and come back to the U.S. on an L1 visa.


No. H1B1 is clearly non immigrant intent. I know that firms can sponsor for green card but the process isn't simple. Once you go for permanent residence you can no longer reliably say you have no intent to immigrate. It doesn't outlaw it, whatever that means, but when you get the H1B1 visa the intention is that you are here temporarily for work- not to immigrate.

I'm not going to walk through immigration law advice when I think you should consult with an expert lawyer. Stuff happens.

FWIW I know some firms will informally agree to let you work at another location if you don't win the lottery, but I know of none that have a policy promising employment if you don't get a visa. You just can't assume that will happen.

The pressure on H1B1 seems to be ramping up so who knows what it will be in a few years. As I said, it doesn't seem like many firms even apply for them and those that do have a handful or so of applications.


Actually, pretty sure a google search shows that while H1B is non-immigrant visa, it is also recognized as a dual intent visa, allowing for immigration intent (not sure if that has changed with the new administration though).

Npret

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Re: JD to Green Card

Postby Npret » Mon Apr 10, 2017 3:53 pm

TAD wrote:
Npret wrote:
melmelcoolj wrote:
Npret wrote:All I can say re H1B1 is that the current administration is negative regarding them to say the least. They have temporarily cancelled expedited processing and just announced extra site visits, etc. I wouldn't want to rely on one, but that's just me.

H1B1 is a non immigrant intent Visa so it is not simple to turn it into a green card. I'm not gong through all the steps but don't assume it's easy. Also you have to be aware that even applying for permanent residence can possible impact your H1B1 status.

You should get actual advice from a lawyer who specializes in US Canadian visas. It would be worth a minimal consultation fee.

Edit: there are many sites that have info on who has even applied for H1B1visas or labor very to get them. From the few firms I checked, the numbers are small.


Hmm, where did you get the information that H1b visas outlaw immigration intentions? From what I gather, you can hold a H1b and apply for permanent residency with no problem, and I know many who have gone that path successfully after working for seven to eight consecutive years in an American firm. I think what you said pertains to F1 visas, which are student visas.

Otherwise, I think many people do rely on H1b visas, and they are doing fine. But it is true that the lottery only gives you a 50% chance of getting one. So worst case scenario, you will have to lateral to a Canadian branch (or London branch for that matter), and come back to the U.S. on an L1 visa.


No. H1B1 is clearly non immigrant intent. I know that firms can sponsor for green card but the process isn't simple. Once you go for permanent residence you can no longer reliably say you have no intent to immigrate. It doesn't outlaw it, whatever that means, but when you get the H1B1 visa the intention is that you are here temporarily for work- not to immigrate.

I'm not going to walk through immigration law advice when I think you should consult with an expert lawyer. Stuff happens.

FWIW I know some firms will informally agree to let you work at another location if you don't win the lottery, but I know of none that have a policy promising employment if you don't get a visa. You just can't assume that will happen.

The pressure on H1B1 seems to be ramping up so who knows what it will be in a few years. As I said, it doesn't seem like many firms even apply for them and those that do have a handful or so of applications.


Actually, pretty sure a google search shows that while H1B is non-immigrant visa, it is also recognized as a dual intent visa, allowing for immigration intent (not sure if that has changed with the new administration though).

Like I said talk to an immigration expert to truly understand your options. You can adjust status but it isn't straightforward and things can happen during that process.

I wouldn't think going to law school, hoping to do well enough to get a firm to sponsor you, actually getting the job, then hoping to win the visa lottery, then keeping your job long enough, then having employer sponsor you for a green card is the best route to residency here.

Sullajulian

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Re: JD to Green Card

Postby Sullajulian » Mon Apr 10, 2017 6:17 pm

Npret wrote:Like I said talk to an immigration expert to truly understand your options. You can adjust status but it isn't straightforward and things can happen during that process.

I wouldn't think going to law school, hoping to do well enough to get a firm to sponsor you, actually getting the job, then hoping to win the visa lottery, then keeping your job long enough, then having employer sponsor you for a green card is the best route to residency here.



Firstly, thanks a lot to everyone who responded.

Based on my own, admittedly limited, research, the H1B is indeed dual intent (as opposed to the TN visa, which is not).

The crux of the issue is that there is NO BETTER WAY of gaining residency (at least not that i know of)... America is great, but sadly your immigration policy is utterly f***** (im biased... but right now you have to be a refugee, have relatives in the us, go through the H1B, or win the green card lottery).


You're right that speaking to an immigration lawyer is best (I already have), but I was and still am interested in hearing any personal anecdotes or experiences that you all have accumulated through personal experiences and those of your acquaintances.

Thanks!

TAD

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Re: JD to Green Card

Postby TAD » Mon Apr 10, 2017 6:29 pm

Sullajulian wrote:

Firstly, thanks a lot to everyone who responded.

Based on my own, admittedly limited, research, the H1B is indeed dual intent (as opposed to the TN visa, which is not).

The crux of the issue is that there is NO BETTER WAY of gaining residency (at least not that i know of)... America is great, but sadly your immigration policy is utterly f***** (im biased... but right now you have to be a refugee, have relatives in the us, go through the H1B, or win the green card lottery).


You're right that speaking to an immigration lawyer is best (I already have), but I was and still am interested in hearing any personal anecdotes or experiences that you all have accumulated through personal experiences and those of your acquaintances.

Thanks!


My Girlfriend's brother works in Cali, he just rode the TN visa for several years until he won the lottery for an H1B, and then a green card. Based on what he told me - and this is assuming TN stays intact - you can just keep riding the TN until you win the lottery. He said he knows several people that have been in the states for 10 years on the TN(they didn't want to apply for H1B or a green card).

Npret

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Re: JD to Green Card

Postby Npret » Mon Apr 10, 2017 6:33 pm

Sullajulian wrote:
Npret wrote:Like I said talk to an immigration expert to truly understand your options. You can adjust status but it isn't straightforward and things can happen during that process.

I wouldn't think going to law school, hoping to do well enough to get a firm to sponsor you, actually getting the job, then hoping to win the visa lottery, then keeping your job long enough, then having employer sponsor you for a green card is the best route to residency here.



Firstly, thanks a lot to everyone who responded.

Based on my own, admittedly limited, research, the H1B is indeed dual intent (as opposed to the TN visa, which is not).

The crux of the issue is that there is NO BETTER WAY of gaining residency (at least not that i know of)... America is great, but sadly your immigration policy is utterly f***** (im biased... but right now you have to be a refugee, have relatives in the us, go through the H1B, or win the green card lottery).


You're right that speaking to an immigration lawyer is best (I already have), but I was and still am interested in hearing any personal anecdotes or experiences that you all have accumulated through personal experiences and those of your acquaintances.

Thanks!


Getting married is the best way.
Going to law school hoping for H1B1 seems unnecessarily risky unless the degree will also help you in your home country. Thanks
Yes you can adjust status from H1B1. I'm very glad you are getting expert advice.



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