Transfer from TN yo H1B

[jurkovic]

I want to shift from TN to H1B and I have several questions regarding necessary documentation for H1B application. Currently I am on TN visa as Canadian citizen that will expire on April of 2007 and I will renew it some time in March.
1.Do my employer need to fill out “prevailing wage determinationâ€￾ form with state department of labor and after that LCA form 9035 considering that I am already employed with them.
2. I-129 form can be submitted as earliest as of April 1 2007 after LCA 935 is certified.

[nelsona]

Yes, your employer has to file an LCA, its part of the H1 process. Afterwards they file I-129, with the approved LCA.

You had better be ready April 1st or 2nd, as the H1 cap is sure to be met within a few days after April 1, for work starting Oct. 01.

But don't let this H1 application delay you in starting your GC process, get PERM going now, it doesn't impact your TN.

[jurkovic]

What about prevailing wage determination form (PWD)? I have tried to find that form on DOL web site but no luck. According to information found on internet PWD has to be filed first and after that step LCA can be submitted to DOL.
Can masters’ degree in electrical eng. from Canadian university simplify my HIB application? I am not employed by university here in USA.

[nelsona]

You need an employer, and you need to let THEM do all the paperwork.

[nelsona]

... a US employer.

[jurkovic]

I already work in USA for employer who will file H1B for me. I said that I have masters degree because I read somewhere that if you have masters or higher degree there is no cap for H1B applications.

[nelsona]

This is incorrect. There is a special category for those witha US Masters , but
it is staill a restricted quota, which is curently full. A Cdn masters gets you nothing.

Your only hope is to file april 1 or 2 under the genaral cap.