Maintaining TN/TD while H1-B becomes effective 10/1

U

unsane

Registered Users (C)
I have gotten my H1 approved (w/o the new I-94 attached) and my wife, a non-Canadian citizen, currently holds the TD visa, our TN/TD status will be effecive till 11/2011.

I don't see a reason to activate my H1 as long as I can come back with my TN status. We would only need to travel to canada occasionally, and my wife can still come back per AVR.

What are the pros and cons for us to maintain our TN/TD status w/o activating H1/H4 before it expires in 11/2011?
 
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I don't really see any disadvantage in not triggering your H1 (thus starting your 6-year H1 clock).

The only club you have with H1 over TN is that, by the LCA that was submitted for H1, the sponsor is obligated to meet all the conditions specified in the LCA including wages, while on TN they are not. So if they threaten a pay cut, switch to H1.

That said, I suppose the companyt could cancel your H1 at any time. The question becomes if you would still be considered as having become an H1 (and thus eligible for future H1's without worrying about cap) if you never actually worked in H1. Most say yes on this point but I'm not certain.
 
Thanks nelsona.

Yes, by staying on TN and delaying the start of the 6-year H1-B clock is really my game plan, after seeing the "TN after 9 yrs in US " thread.

Will I be running any risk at POE while trying to come back as TN if they look up the system and find out about the H1 petition and approval?
 
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