Change of status from TN to another classification

D

djmanu

New Member
Hello,
I had a quick question, I asked a few lawyers but I have been given different answers so it's not clear at all for me.
Let's say I'm on TN in the US and I file change of status to another status like H1b or H4 EAD and I leave the US after COS approval.
Can I still re-enter on TN if I still work for same company/job or must I use the new status ?
So is TN still valid for re-entry after change of status ?
If I had 2 different visas I know I can choose which one to use but status for Canadians are really confusing.
Thank you
 
You can’t have multiple status in the US. If you’re re-admitted to the US on your TN, then the previously approved COS to H status becomes invalid.
 
If I travel after the COS to H effective date , COS will be valid and I would have been on H status in the US before travelling, so in that case I can still re-enter on TN or did TN become invalid for entry once I changed status in the US ?
 
Status only exists while you are in the US. Changing status applies to that stay only. Once you leave the US, that stay is done. The next time you seek entry into the US, you can seek entry into any status for which you are eligible. What status you had on your previous stay (and whether you extended or changed it) is not relevant. You can enter into B2 visitor status, or enter into TN status if you have an offer letter, or enter into H1b status if you have an H1b petition approval, etc.
 
newacct said:
Status only exists while you are in the US. Changing status applies to that stay only. Once you leave the US, that stay is done. The next time you seek entry into the US, you can seek entry into any status for which you are eligible. What status you had on your previous stay (and whether you extended or changed it) is not relevant. You can enter into B2 visitor status, or enter into TN status if you have an offer letter, or enter into H1b status if you have an H1b petition approval, etc.
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What do you mean by "TN if you have an offer letter" ? I only applied with offer letter the first entry on TN, after that I can leave and return with the same TN. Does it mean in my scenario I have to re-apply for a brand new TN or I can use the one I had (still working on same job TN was approved for) ?
 
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djmanu said:
What do you mean by "TN if you have an offer letter" ? I only applied with offer letter the first entry on TN, after that I can leave and return with the same TN. Does it mean in my scenario I have to re-apply for a brand new TN or I can use the one I had (still working on same job TN was approved for) ?
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I didn't mention it because I am not sure about whether you can re-enter on TN on a previous unfinished TN admission, if you've had a different status since. You probably can, but the other people on this forum know more about this.
 
newacct said:
Status only exists while you are in the US. Changing status applies to that stay only. Once you leave the US, that stay is done. The next time you seek entry into the US, you can seek entry into any status for which you are eligible. What status you had on your previous stay (and whether you extended or changed it) is not relevant. You can enter into B2 visitor status, or enter into TN status if you have an offer letter, or enter into H1b status if you have an H1b petition approval, etc.
Click to expand...
Your existing TN status becomes invalid following a successful COS. If you depart from the US after the COS to H status and wish to return to the US in TN status, I believe you’ll need to apply for a new TN at the POE, since the previous TN status became invalid as a result of the COS.

Of course I could be wrong about having to re-apply for a new TN though. But one thing that is certain is the H statue will no longer be valid if you return on TN.
 
You can re-enter on an existing, viable TN, even after a COS to another status. Newacct pointed out that one's status is determined on each entry.

But the question becomes, since your new status becomes immediately effective on approval, your TN is invalid on that date and until you re-enter on TN? If it is H1, you are fine, the H1 and TN sponsors were the same (they would have changed your I-9 already, so forget TN at that point).. And you cannot work on H4 until you have EAD in hand.

By the way, non-Cdns cannot have two different consular visas. The moment you apply for a US consular visa, all others US visas are cancelled.
 
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