I had a question about coming back to the US on a TN Visa. If you live in Canada and work in the US on a H1B and complete 6+ yrs on the H1B and then get your Canadian citizenship. If you then reenter the US on a TN visa and work for the same or different company for lets say a yr or so and then convert to a H1B will you then qualify for a fresh 6 yrs on that H1B since you did reside outside Canada for more than a yr or it will this not work?
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Coming back on a TN visa
- Thread starter perm201
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perm201 said:I had a question about coming back to the US on a TN Visa. If you live in Canada and work in the US on a H1B and complete 6+ yrs on the H1B and then get your Canadian citizenship. If you then reenter the US on a TN visa and work for the same or different company for lets say a yr or so and then convert to a H1B will you then qualify for a fresh 6 yrs on that H1B since you did reside outside Canada for more than a yr or it will this not work?
-- You have to reside outside the US for 1 year. If someone lived in Canada but came to the US to work, is not staying outside the US for 1 year. You have to be OUT of the US for 1 year (without coming back on the US soil during that year on ANY status).
So if the person worked from Canada on a H1B and NEVER entered the US for a yr and after the 1 yr started entering the US at some point down the road they could change to TN and then move to a H1B and get fresh 6 yrs right?
-- NO, it is not so simple (just to change from TN to H1 within few min)..Your company has to file for a fresh 3 yr H1 along with the documents that prove that you were really out of the US for 1 year. (Whether you will be subjected to the H1B quota is a different question). Then if it is approved, you will get H1 status...
-- NO, it is not so simple (just to change from TN to H1 within few min)..Your company has to file for a fresh 3 yr H1 along with the documents that prove that you were really out of the US for 1 year. (Whether you will be subjected to the H1B quota is a different question). Then if it is approved, you will get H1 status...
perm201 said:Thanks, Yes I understand that its not a 5 min process. I just wanted to know if its even possible and if my assumption was correct. Looks like on paper atleast you are eligible for a 6 yr
A correction to your previous post:
You do not need an H1b to work from Canada, for a US employer. What you need is a permission to work from Immigration Canada. When you are working from a certain country (in this case Canada), you need a work visa/PR status from that country. Who you work for is not important in that case.
Thanks for taking the time to respond. I am a canadian PR so yes I can work in Canada. I understand that the visa is an entry into the US to work. Since I already have a H1b and I do enter the US now and then I intend to hold on to it includingthat one yr when i will not be entering the US since after that period I will need it to start traveling again. So I am trying to find out the process for a 6 yr renewal if I dont enter US for a yr and then start entering after that period while holding on to my H1b visa. What you mentioned is obvious if you are working from Canada for the US employer you dont need it
My question is only about the renewal of visa to get 6 yrs and whether the past history holds good or not. From the looks of it if you satisfy staying outside for a yr and hold on to the H1b visa (even though you technically dont need it) you CAN get fresh 6 yrs upon down the road if you desire since you satisfied the requirements. Yes its not a 5 min process and you are counted against the cap is something I was aware of.
My question is only about the renewal of visa to get 6 yrs and whether the past history holds good or not. From the looks of it if you satisfy staying outside for a yr and hold on to the H1b visa (even though you technically dont need it) you CAN get fresh 6 yrs upon down the road if you desire since you satisfied the requirements. Yes its not a 5 min process and you are counted against the cap is something I was aware of.
From the looks of it if you satisfy staying outside for a yr and hold on to the H1b visa (even though you technically dont need it) you CAN get fresh 6 yrs upon down the road if you desire since you satisfied the requirements.
-- You do not have to hold on to your H1b to get a fresh 6 yr visa. You can abondon it - the ONLY requirement for it is you to be out of the US for 365 days...
Good luck!!
-- You do not have to hold on to your H1b to get a fresh 6 yr visa. You can abondon it - the ONLY requirement for it is you to be out of the US for 365 days...
Good luck!!