Another TN -> H1B question

svtben

Registered Users (C)
If I have a TN Status that is about to expire and I applied for the H1B but haven't received anything (it's still pending), should I go out to the border and re-apply for the TN before it expires?
 
Yes. Your pending H1 does not get you any grace period in TN.

Either submit an I-129 or get to the border before your TN expires.

Neither will impact your future transition to H1
 
Period of Stay Provisions for TNs extended!

On October 14, 2008, CIS announced a final rule increasing the period of stay for TNs. The rule changes the initial period of admission for TN workers from one year to three years.

The new rule also allows eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year.

TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible.

This new rule may make the TN category more appealing to Canadian and Mexican citizens, and in turn, open up more available H-1B numbers for other nationalities.

http://www.lawbench.com/immigration-news/cis-increases-period-of-stay-provisions-for-tns-under-nafta
 
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