switching to tn from h1 notice period

testing_testing

New Member
I recently got laid off on h1b and have a notice period of 2 month, having the actual termination date to be end of March but stopped working in Jan. The pay for March will stop if I quit early.

I got a new job to start early March in TN status since I’m Canadian.

Question, am I obligated to notify my old company that I need to end employment Asap? Will I get into unlawful employment issues since I can’t have TN and h1 status at the same time? Is the notice period considered employed?
 
Question, am I obligated to notify my old company that I need to end employment Asap?
- Your employment has already ended when you are laid off and stopped working.

Will I get into unlawful employment issues since I can’t have TN and h1 status at the same time?
- As soon as you get a TN (or activate the newly received TN), your H1 status ends - in which case you will not have "multiple status" issue.
Is the notice period considered employed?

- See the first response.
 
In fact, technically your H1-B ended the day you were let go (paid severance does not extend h1-B validity), since neither you nor your employer were meeting the requirements of your labor certification. There is no conflict for you to get TN at this point.
 
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