Shifting from TN to H1B

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Shifting from TN to H1B

Post by Tracyj » Thu Dec 14, 2006 6:09 pm

Hello, I am starting the process of going for my greencard with my current employer and while I know it is possible to go from TN-GC there are so man variables that I am not crazy about. The lack of ability to leave the country for months at a time being one. And the constant threat of the TN going away even though I am a textbook case of TN career.

So I wish to get an H1B. I am pretty confident that I can easily qualify for the visa. My TN expires in June, but I know the H1B visas ran out in april due to the heavy demand. I don't think I can apply for a TN after receiving a H1B (due to that immigration intent thing i believe). Am I able to send in my tn application early by mail (like say jan/feb) to ensure I have a visa to hold me over till my H1B visa kicks in in october? I know they really don't like you renewing that early at the borders and it can take a few months to get approval via mail.

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Post by nelsona » Thu Dec 14, 2006 6:19 pm

There is no problem getting a TN after applying for an H1.

In fact, given your scenario, that is exactly what you will have to do.

In april, have your firm apply for h1 (it will only be good beginning Oct 01 at the earliest.

Then go to the border and renew TN (anytime before it expires) and get a 1-year TN.

You *could* submit a mail-in TN if you wish. There is no issue having a TN and an H1 petition being processed at the same time, so it doesn't really matter when you send it in.
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Post by diane1 » Tue Dec 19, 2006 11:03 am

I was on TN when we submitted H1B petition and, because of an RFE, we missed the cap for that year. In the several months that it took for H1B to be available and to be processed, I had to re-up my TN status. I did so by mail. With an H1B petition you usually ask for two things at the same time. The first is H1B approval and the 2nd is a change of status to H1B. We only asked for the H1B approval so, although my H1B was approved with an October 1 start date, I did not actually change my status from TN until late December. With a 6 year maximum on H1B, this bought me a few months at the back end.

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