TN->H1B, can I travel?

C

canuck2002

Registered Users (C)
Hi friends,

All is well in sunny California. Still did not get the car California plates yet or get a Cal drivers license, I should make that a priority :eek: .

My question is this, my lawyer scrambled to apply for the H1B this year for the March 31 deadline. I wonder how long I should wait before I can travel to Canada without getting grief on the border. My TN is valid till Feb 2008, and my H1B application is well as of March31-April 1st. My lawyer said that I may have to prove non-immigrant intent at the border, so she cautioned me about travel.
 
All is fine. Tou can travel on TN. After October 1st, you will be in one of the following situation(s):

A - if between today and the day you get H1 approval, say, June, you do not travel, you will automatically become H1 on Oct 1, regrdless of what travel you do between JUne and october. This is by the pricipal of 'last action'.

B - if you do travel, between now and approval -- especially outside N America --, your H1 petition is fine, but the 'automatic' Change of status would be cancelled. At some point between Oct and Feb, you would go to the border and activate your H1.

C - If you only travel to Canada, and keep your current I-94, check the H1 approval notice . If it has an I-94 attached with the same number as your TN, you are in the same situation a 'A'. If not, you are in 'B'


In any event, the H1 petition in no way jeopardizes your TN, neither before or after approval.

All the best with your H1. Looks like its going to be a lottery for the quota spots.
 
Last edited by a moderator:
A - if between today and the day you get H1 approval, say, June, you do not travel, you will automatically become H1 on Oct 1, regrdless of what travel you do between JUne and october. This is by the pricipal of 'last action'.

Is this true? Because I thought this will be true only if the H1B petition is filed as a "change of status" petition. If it is filed as a loose petition, then you need a border trip to activate your H1 status.
 
99% of H1's filed from within US have COS.

In any event, the I-94 attached to the bottom of the approval notice --- or the absence thereof -- will be the determining factor.
 
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