Canadian Citizen, Laid off on H1

Come to some agreement on starting date with new sponsor and get second TN. You can have two.
 
Sorry. Forgot you are in H1 status. You cannot have two different statuses. So your choices is submitting an I129 with an October 1 starting date (Premium processing), or going to the border on October 1 and getting your TN.
 
nelsona said:
Sorry. Forgot you are in H1 status. You cannot have two different statuses. So your choices is submitting an I129 with an October 1 starting date (Premium processing), or going to the border on October 1 and getting your TN.
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Yeah, I am currently on a H1B visa with the company that laid me off, and my last day is October 1. So with the new offer I have, they're willing to hire me on a TN and the quickest way seems like driving up to the border. Should I aim to drive on October 1 to apply for the TN? Also my spouse who is an Indian citizen is on a H4, working on H4 EAD. Can I apply for her COS from H4 to TD after I get my TN? Would that need to be October 2?

Thanks again for all your help
 
You need to get TN at the end of your H1 job, as you will not be able to return to it.
She can apply for TD by mail, using I-539. She MUST stop working on EAD on the day you get TN. The I-539 will keep her in legal status (TD pending)
 
nelsona said:
You need to get TN at the end of your H1 job, as you will not be able to return to it.
She can apply for TD by mail, using I-539. She MUST stop working on EAD on the day you get TN. The I-539 will keep her in legal status (TD pending)
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Thank you so much for this information, some of the companies that are coming back with the offer are even willing to consider H1B. In my situation with me being a Canadian citizen and my last working day at the current organization (who laid me off) being October 1, will the potential new employer need to file a new H1 or will this be considered a H1 transfer? One of the company that I interviewed with today said the H1 process is something they're willing to do but it can take up to 3 months. I'm trying to figure out, does H1 transfer take 3 months or will they file a new H1 for me? I am waived from the quota due to an approved I-140.

If it is considered a H1 transfer, will they need to file my transfer on October 1(since that's my last day with current employer who laid me off)? Or can they file it before October 1? Is there a possibility of maybe this new company filing a concurrent H1 before October 1? The reason I ask this is so I can plan what status I will be in, etc while I wait for the approval.

If it is considered a new H1(quota waived), then when can this new company offering me the job file my H1?
 
They will obviously need to file a new petition for H1B (including LCA first), but it will not be subject to quota. because you had an H1-B previously (it doesn't matter that you have I140. And if you do this while still in H1-B status, you may begin to work immediately after filing the I-129. not needing to wait for approval.

But Again, these are NOT TN issues, so direct your enquiries to more knowledgeable forums. Your new sponsor will need to get a lawyer involved.
 
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