Go back home with TN while H1B is pending

T

tonywham1

New Member
Excuse my laziness, I have been tired of researching. I was selected for H1B for FY19, but my case is still in process. I was wondering if I can go back to Canada in July on my valid TN while my H1B is still pending?
 
Of course. The H1 I-129 is your firm's petition, so there is no fear that YOU are abandoning it by leaving US (as would be the case if you were filing I-539). This will be the case even after approval, all the way to October when your H1 will kick in. If your H1 approval comes with an I-94, it will become your status automatically on October 1, otherwise you would need to go to border to activate your H1 at some point after Oct 1, and before your current TN expires.
 
nelsona said:
Of course. The H1 I-129 is your firm's petition, so there is no fear that YOU are abandoning it by leaving US (as would be the case if you were filing I-539). This will be the case even after approval, all the way to October when your H1 will kick in. If your H1 approval comes with an I-94, it will become your status automatically on October 1, otherwise you would need to go to border to activate your H1 at some point after Oct 1, and before your current TN expires.
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Thanks Nelsona for answering my question. But now I have another one. So as a Canadian, I don't need to apply for H1B visa for international travel as people from other countries do? I just need to cross the border and get an I-94?
 
Correct. You did not get a TN "visa" did you? No. So you do not need an H1-B "visa", either. Because you are Cdn. Your I-94 is all you need.
And, as I said, if your approval comes with an I-94 attached (most do) then you don't need to do anything or go anywhere but stick the I-94 in your passport on October 1. You become h1 on that day.
 
nelsona said:
Correct. You did not get a TN "visa" did you? No. So you do not need an H1-B "visa", either. Because you are Cdn. Your I-94 is all you need.
And, as I said, if your approval comes with an I-94 attached (most do) then you don't need to do anything or go anywhere but stick the I-94 in your passport on October 1. You become h1 on that day.
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got you...just one more question since this is my first time dealing with H1B. If my case is approved, can I change employer but keep the H1B valid before Oct 1? I mean, can I change the employer before Oct 1 by applying a TN, just to fill the gap, and use the new TN to Oct 1. then get the H1B transferred to new employer?
 
You can certainly get a new TN for the new employer. As to applying AC21 without working in H1 for the initial sponsor , that would be a question for the H1-B forum, not here.
 
Apologies if this isn't the appropriate thread, but I really need help.
I just waned to know if it's okay to travel abroad and return to the US on TN (Canadian), good through the end of 2019, while H1B (POE notification) is pending.
I've heard that H1B does not impose any travel restrictions, Is that correct? On the other hand, I've seen in many forums that one would be abandoning the H1B if left the country while H1B is pending/processing.
Your help is greatly appreciated!
 
H1B I-129 is your employer's petition, not yours, so you cannot "abandon" it by leaving US. That only applies to I-539 change of status. Those other posting are simply wrong.
 
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