moving from H1B to TN

L

little4ce

Registered Users (C)
Hi all!
I start apologizing for the length of the message.

I am in my sixth year as a H1B and as a Canadian citizen I would like to move into the TN visa status at the same company.

Here are some more details: I work as an associate professor of Computer Science for some university and I hold a PhD in Computer Science.

Basically I do not plan to go through the GC hassle but now I need to deal with the changing of the visas hassle.

I can get all the relevant documentation from my HR department (employment letter for the next 3 years, etc. etc.)

Questions:
1. I will be arriving through Atlanta in December from Europe (coming from a conference), is it easy to get the TN at the border at that time (or should I try to reroute through a Canadian point of entry)?
2. Do you think that I would have problems explaining them that I will be in the US temporarily (even though I spent almost 6 years on H1B) uninterrupted?
3. What should I prepare other than letter of employment, letter specifying that I am still employed at the university, transcripts, the old H1B that expires in February 2010 and my CV?
4. And this is major: if they deny entry for whatever reason, can I enter on the old H1B (that is still valid until Feb 2010) and apply while in the US for a change of status with the 1000$ speedy fee?


Basically I think that I should be fine at the border but wanted to hear some thoughts on my situation. If you guys think something is not okay, I will spend the 1k$ for the fast processing and that hopefully would take care of the issues.


Thanks a lot for your insight into this,
Little

P.S. Sorry, I have another question: the start date for the letter of employment should be Feb 2010 (when the H1B expires) or can it be on say December 4, 2009 while I will be arriving in the US on December 4?
 
little4ce said:
1. I will be arriving through Atlanta in December from Europe (coming from a conference), is it easy to get the TN at the border at that time (or should I try to reroute through a Canadian point of entry)?
Click to expand...

-- You will get your TN if your papers are in order - does not matter if it is cdn PFI or not.

2. Do you think that I would have problems explaining them that I will be in the US temporarily (even though I spent almost 6 years on H1B) uninterrupted?
Click to expand...

-- Good point, but I think it will be to your advantage since you are willing to give up your safer (H1) status for TN status.

4. And this is major: if they deny entry for whatever reason, can I enter on the old H1B (that is still valid until Feb 2010) and apply while in the US for a change of status with the 1000$ speedy fee?
Click to expand...

-- Yes.

P.S. Sorry, I have another question: the start date for the letter of employment should be Feb 2010 (when the H1B expires) or can it be on say December 4, 2009 while I will be arriving in the US on December 4?
Click to expand...

-- It should not be too far from the date of your arrival (i.e. the date of your application of your TN). Otherwise, they will ask you to come back at that time. Ideally, it should be within a week of your date of application.
 
Thanks a lot bigboy00 for your fast answers.

There is still an issue that still needs clarification:

If the employment letter is saying that I will be employed starting December 9 2009 and I enter US say December 7 on the TN.
Does it mean that December 7 and 8 I cannot work, or once I enter the US I am allowed to work for the specified company.

Thanks for clarifying this, and probably it was answered somewhere else, I just did not find the answer after searching for 10 minutes.


Cheers,
Little
 
Your TN will be issued to you as of the date your entry (which is Dec 7). In other words, the TN will be effective immediately on Dec 7, but you start using it (i.e. working on your TN) on Dec 9.

little4ce said:
Thanks a lot bigboy00 for your fast answers.

There is still an issue that still needs clarification:

If the employment letter is saying that I will be employed starting December 9 2009 and I enter US say December 7 on the TN.
Does it mean that December 7 and 8 I cannot work, or once I enter the US I am allowed to work for the specified company.

Thanks for clarifying this, and probably it was answered somewhere else, I just did not find the answer after searching for 10 minutes.


Cheers,
Little
Click to expand...
 
Border TN: The time you have TN on hand is the authorization to work start from the date of issue to that specific company

Mail-in TN: does have specific dates when it will be valid and when expire, that duration is the work authorization duration.
 
Just as a tip. Start your TN as early as possible, as this will save you some H1 clock for future use should you need it.
 
Thanks a lot Byteless and Nelsona for your answers.

My final question which is probably my main issue: can you point me to threads in which somebody was denied TN and was allowed under H!B or B1/B2 the same day he/she was denied TN?
I know that bigboy00 answered that question (and he seems to be knowlegeable with an impressive/huge post count). So what would be the procedure:

Hello officer, I would like to apply for a TN visa. I am sent to a special room where the TN specialist is grilling me, reviews my paperwork, etc. In the unlucky situation they deny me (maybe because of the length of time I was already in the US) and then I say: here is my H1B I would like to enter in the H1B status today please.


And I cannot stop myself: what should I expect in the succesful case: to get the I94 stamped for a duration of at most 3 years but not to exceed the letter of employment stated period (I will have a letter of employment for 2years and a couple of months). And will this I94 be stamped as "multiple entries" (meaning that I don't need to give it back when leaving US, and when entering US the whole process to be easier)?

Thanks a lot for your insight,
Little

P.S. It is always pretty scary to be in a situation when somebody else is in significant control over your life through the deny/accept of the TN visa. As far as I have seen the US border guards they are pretty professional and curteous.
 
if you are denied TN simply for administrative issues (poor letter, missing document) then you will simply enter on H1. Don't expect to be 'grilled'. You may be asked to present evidence that your H1 is still viable, since gettinga new job may be a sign that the old one is no more. But with that proof, you will be allowed entry on your existing H1. The only way they would not allow you entry on H1 is if they found you were absolutely inadmissable (ie. a criminal).

If you get TN, your I-94 will be dated as per your letter. Multiple entry is implied, and may or may not be stamped as such. Doesn't matter.


Entry on B2 after TN denial in this case would be unusual, since it is presumed that you have been living in US and thus don't meet tourist requirement of foreign abode.
 
nelsona said:
if you are denied TN simply for administrative issues (poor letter, missing document) then you will simply enter on H1. Don't expect to be 'grilled'. You may be asked to present evidence that your H1 is still viable, since gettinga new job may be a sign that the old one is no more. But with that proof, you will be allowed entry on your existing H1. The only way they would not allow you entry on H1 is if they found you were absolutely inadmissable (ie. a criminal).

If you get TN, your I-94 will be dated as per your letter. Multiple entry is implied, and may or may not be stamped as such. Doesn't matter.


Entry on B2 after TN denial in this case would be unusual, since it is presumed that you have been living in US and thus don't meet tourist requirement of foreign abode.
Click to expand...

Thanks a lot for your note but I am a bit confused by your reply:

Formally it is a new job, (new letter of employment etc.) but it is for the same university and the same position as the previous H1Bs (I am in the sixth year of H1B).

So basically I have an H1B that was obtained a while ago with an offer letter saying that the job finishes in February 2010 and here I come with a TN application for a job at the same place and for the same work title that will span for the next 2 years and a bit. If the TN is denied, am I supposed to expect the officer to "forget" that I just showed him/her an employment letter for the next 2 years whereas the H1B will only be valid for the next 4 months?
And they will positively let me in on the H1B? (of course I do not have any criminal record, I did not lie, it is a real job, I always left the I94 at the border when I left the US, etc.)
BTW: I believe that I have entered this year on the H1B status at least 6 times in the US, so there should be absolutely no problem to enter in the H1B status, my issue is with entering after a (remotely) possible denial for the TN visa.


Thanks a lot for your time and insight.

Little
 
If the TN is denied, am I supposed to expect the officer to "forget" that I just showed him/her an employment letter for the next 2 years whereas the H1B will only be valid for the next 4 months?
Click to expand...

You yourself said it is for the same job. Even if it was for a different job, you still have the current job, with the current h1. What more are you supposed to do?

So, yes, you should expect the officer to forget about your TN, just as if you had asked for a TN with another company. Are you expected to give up one job before you get the other? No. Your TN gets denied, you continue as if nothing had happened: you go back to work in h1.

Bring evidence of your continued employemnt in your current job, and your H1 is absolutely safe -- for the next 4 months.

Your concerns are unfounded.
 
Thanks a lot guys, especially nelsona.
I decided to go ahead with the border application, I will post a follow-up message in December once I try the TN application.
I bet there will be more questions once I go through the process... ;)
Have a great weekend!

Cheers,
Little
 
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