Eligible to work on H1B after securing TN ?

V

vizkiz2018

Member
Hello Gurus

I am in process of changing my status from H1B to TN through filing I-129. My existing H1B is valid till end of May 2018. If my TN is approved be end of April , may i still continue working on H1B for another month and then start working on TN from June 1st 2018? no change in employer though.
 
If your I-129 included a change of status (which would be indicted by an attached I-94), then no, you are immediately a TN and can no longer have H1 status. Immediately. This is a typical situation when one changes work status.
 
Thanks Nelsona. Then which of the circumstance will let me continue working on H1B until its expiry and then start working on TN from the date its mentioned.
 
If your company applied for I-129 WITHOUT change of status. Then, at some point before your last day on H1, you would need to go to the border to "activate" your TN. It won't change the expiry date of your TN, which would still expire 3 years after TN approval date. If your TN is approved 3 weeks before H1 expiry, you will at some point lose 3 weeks, either now off H1 or later off TN.

What reason do you wish to stay on h1-B to the very end?
 
Jeez.. is it possible to keep one (or maybe two threads) on a similar topic? OP seems to start a new thread every other day, seems like spamming, here, here, here, here.. on and on and on..
 
thanks Nelsona.
I am just worrying that if there is any administrative process with in my employer to make my profile updates take couple of weeks after TN is approved. So thinking of working on H1B btw and then once all done with in HR i can start working on TN.
 
Not really an option. mention this to them, so that they can be better prepared. You can monitor I-129 approval online, and be ready when the company gets it in the mail. They already know you are transferring.
 
I-129 can be written for NEW status, see the options. For example, H1-B applications are submitted on I-129, and do not take effect immediately, and do not change current status (particularly if only effective at a later date). And of course, I-129 can be submitted for someone outside US, in which case there is neither change nor extension of status (and no I-94).

I'm pretty sure however, since this is with the same employer, that they would have simply asked for a "change" from H1-B to TN, which would occur at the time of approval.
 
nelsona said:
I-129 can be written for NEW status, see the options. For example, H1-B applications are submitted on I-129, and do not take effect immediately, and do not change current status (particularly if only effective at a later date). And of course, I-129 can be submitted for someone outside US, in which case there is neither change nor extension of status (and no I-94).

I'm pretty sure however, since this is with the same employer, that they would have simply asked for a "change" from H1-B to TN, which would occur at the time of approval.
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But H1b needs a petition; I-129 is the petition, which additionally may request change of status or extension of status. But TN doesn't have a petition; so the only reason to file I-129 is to request change of status or extension of status, from what I understand.
 
Incorrect. Mexicans have always had to petition TN on I-129, and Cdns (not in US) have been allowed to for a few years now. So, I-129 approval without change in status has always been possible. And there is never a need to be in status for an I-129 to be filed (unlike I-539 of course).

The process is quite simple: Do not include information about current I-94, or request border processing. That is why I said if he wanted to use up all h1 time, he would need to "activate" the TN at the border. To "activate" an approved I-129 implies status was not granted at time of approval.

In this person's case, as I pointed out, the hassle involved of going to the border would not seem to be worth getting every drop out of the current h1, and I was correct.

Glad to be able to add to your extensive knowledge.:)
 
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