Switching from TN to H1B - anything I am missing?

smaug87

New Member
Hi Guys,

Hope all is well with you. I am currently working for a company under TN visa (From July 1st to Sept 30th) and I have active H1B visa from Oct 1st so I need a change in status.

Can I go to Canada (by car) to 9/30/16 - stay overnight in Canada and return on 10/1/16 (Saturday).

Would it work? Can I just bring my H1B packet and my passport to the CBP? And what time should I enter back to US by? (b/t 8am ~ 5pm?)

Thank you!
 
I did that last year (albeit in Nov).

You dont have to specifically plan for a trip to Canada i.e. you can do it anytime you go next time.

Did you file for COS to H1 with your original petition? if so, your status will automatically change to H1 effective October-1st. Just that when you go out of the US, upon your return, you will show CBP your paperwork and they will issue you new I94.

If you did not file for H1 COS, then your status post-Oct-1 will simply continue to stay TN and you can change next time you exit and re-enter the US
 
The way to know whether you switch automatically is if an I-94 was attached to your H approval notice. There is literally nothing to do from an immig point of view id that is the case, You staple the I-94 in your passport, inform your employer to update their I-9 on file and that is it.

Nest time you you cross the border, the officer may or may not issue you a new I-94. He has your paperwork, nothing needs to be carried with you.
 
Not so.

Why would he need this? His I-94 would have the case number (actually, the small info tab which should also be stapled in the passport would have it), and CBP will look this up -- if they even bother since there is no real need to issue a new I-94 (some officers do, by old habit). No need to carry anything else -- and certainly not a 40-page H1 petition. This is the same as a TN renewal by mail (for those of you who have never had H1). Some take a paystub or security badge just to show that they are still working.

There is no processing required here.
 
With cbp, there are always a lot of unknowns. It's always better to Err on the side of caution in case the op encounters a hard officer. Imo, it doesn't hurt to carry the documentation. In my case, as early as last year, I had the approval documents and they looked at them. They were very polite. Contrary to what you mention, even though I had attached h1 I94 myself in the passport, cbp officer specifically mentioned they are the ones who should have done that and took it out and issued a new one.

Either way, good luck smaug87
 
So be it. But realize the officer was completely wrong in telling you that HE had to staple the I-94 in your passport. On the day your I-94 becomes active, THAT is your proof of legal status, which technically should be carried on you. So, you are going to wait 2 years to staple your status into your passport because you haven't crossed the border? Come now.

And as to the "package", carrying anything more than the I-797 would be farcical. The CBP has no jurisdiction on h1 petitions (unlike TN petitions), so an h1 petition may as well be written in Chinese for them. There is nothing they can interpret.
 
Hi guys, thank you for your thoughtful responses.

AFAIK, I didnt sign up for COS and there is no I94 attached to my passport. In this case, can I simply move to Canada and come back? Also is CBP open on weekend as well?

Thank you.
 
I am assuming you meant, "Can i Simply *travel* back to Canada and come back"...the answer is yes.

Also, yes, CBP is open on weekends. There are people crossing into the US all the time
 
Also think you meant "no I-94 attached to your H1 approval letter (I-797)."
As Mister said earlier however, no point doing this unless it is convenient for you, and would wait until you have another reason to go up.
 
Also think you meant "no I-94 attached to your H1 approval letter (I-797)."
As Mister said earlier however, no point doing this unless it is convenient for you, and would wait until you have another reason to go up.

Oops you are right. No I94 attached to my I797. I live 30 minutes from border so when I enter back, can I simply tell officer that I am entering as H1B?

Thank you!
 
Yup. Tell him you are entering on an H1-B that went into effect October 1 and are switching from TN. He will take it from there.
Then, on your return to work, have your employer update your I-9.
 
Hey guys, thanks to you guys, I was able to change my status from TN to H1B. One random question. Since I want to travel (by car) to Canada often, would it be possible for me to apply to NEXUS? If so, will this negatively affect GC process by any way?

Thank you :D
 
That would be incorrect. Besides, nexus doesn't force you to travel. There is only a 2 month period when one cannot travel, which for you will be years away.
 
Hi Guys,

Hope all is well with you. I am currently working for a company under TN visa (From July 1st to Sept 30th) and I have active H1B visa from Oct 1st so I need a change in status.

Can I go to Canada (by car) to 9/30/16 - stay overnight in Canada and return on 10/1/16 (Saturday).

Would it work? Can I just bring my H1B packet and my passport to the CBP? And what time should I enter back to US by? (b/t 8am ~ 5pm?)

Thank you!


Hi There, I am working on TN( Valied till Jun 2019) in USA since 2007. Now I want to change to H1B, just to apply for GC.

Question 1. I had a H1B 2000 to 2003 but returned home 2001 Jun. Can I use that H1B remaining quota 5+ years and apply for new H1B without entering into cap/quota? Also, this H1B was issued on my Indian passport and now I am a Canadian, holding Canadian passport.
Or do I need to apply for a fresh H1B with Canadian passport.

Gurus please help....

Thanks
Kumar
 
Your period of H1 eligibility ended at around 6 years after you got it, unless you had a PERM or I-140 in process. You need to get a new H1 from scratch. Your change in nationality doesn't matter.

But you do not need H1 to get GC straight from TN, as many on this board will attest.
 
Your period of H1 eligibility ended at around 6 years after you got it, unless you had a PERM or I-140 in process. You need to get a new H1 from scratch. Your change in nationality doesn't matter.

But you do not need H1 to get GC straight from TN, as many on this board will attest.


Thanks Nelsona,
ok, Will get a new H1B. As you said I can apply for GC while on TN, then can you please explain me the process?

Thanks
Kumar
 
There is an extensive thread by curiousgeorge, which has been analyzed to death and is absolutely correct and up-to-date.
You do realize that applying for H1 nowadays is not like in 2000. Now there are 1000's more asking, and you can only request on April 1 lottery date, for October start. many try several years before getting picked. Don't wait for that to beging GC process.
 
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