Change employer while in TN status, but already have H1B approval

wangyuc2

New Member
Hi guys, I am new here and would like opinions of you guys on my visa status.

I am currently working at my current employer in TN status. I have received my H1B approval papers but I have not changed my status yet.

My question is, if I change job, can I apply for a new TN and not activate the H1B? Would having an approved but not activated H1B affect my application for the new TN?

I think the ideal solution is probably activate my H1B and then do a H1B transfer, but given that premium processing for H1B has been suspended,
I do not want to wait that long.

Thanks in advance!
 
First question is are you sure you have not activated H1? If your approval notice came with an I-94 attached, you may already be in H1 -- or may have become one on October 1 -- ; this often happens when one applies for one status when in an already valid other status.

But, if you are not already H1, you are quit free to "ignore" it forever, and act as if it never happened.

As for H1 'porting' (there is no transfer) I believe you could start at the next job as soon as the application was received by USCIS, not needing to wait for final approval (assuming you are not going from cap-exempt to cap-subject).
 
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