I currently work for a company in their Toronto office (P – Toronto). I joined P – Toronto in Sep. 17, 2005. I am also a Canadian citizen, and my professional is on NAFTA list, i.e. I should not have problem getting TN visa. The company is now relocating me to their Boston office (P – Boston) at my request because I will get married. I wish to go to P – Boston ASAP. My fiancée is a green card holder, and expect to obtain his US citizenship in May 2007. Here are a couple of options:
1. Go to P – Boston on TN visa now (August 21, 2006) and ask P-Boston to apply L1 for me after Sep. 17, 2006. I think it is the best way to go, however, the lawyer said it is hard to change from TN to L1 because the company’s intension might look bad (i.e. the immigration office might view the company is trying to cheat). Is that true?
2. Go to P – Boston on TN visa now (August 21, 2006) and ask P-Boston to apply H1B for me in early 2007. The problem is that I can only work starting October 1, 2007 using H1B for 2007 fiscal year. TN visa will be valid for a year until August 21, 2007, which might leave a gap (between August 21, 2007 to September 30, 2007). Is it possible that I renew my TN visa while waiting for my H1B visa to go into effect?
3. Wait until Sep 17, 2006 to apply for L1 directly. But I do not want to wait until end of September to start working in P - Boston
4. What if I get married to my fiancée in May 2007 (when he becomes a US citizen)? Would the marriage has any effect on my TN visa status (because TN visa could not have dual intention)? If my TN visa will expire automatically when I get married, how long would I be able to get “work permit” based on my marriage status to a US citizen?
I am sorry that I have so many questions. Would greatly appreciate any input.