Dilemma situation, thoughts?

[youyou]

I used to work for company A on TN 3yr extension (till 2012). I was laid off begining of Sep, this month.

I haven't been able to get to change to B2 due to all kinds of errands.

Company B offered me a job today, and applying to get me a H1B via premium processing.

I compiled all the supporting materials for getting the H1B, including TN 3yr extension.


So, for me, should I cross the border get a B2, then tell companyB about that?
Will this slow down the process of getting H1B?

 

[nelsona]

You can't get a B2 at the border, since you do not live in canada.
File for H1 without change of status, get approval, and then go to border.

It would have taken about 15 minutes to file for B2, so the errands excuse is bull

 

[youyou]

My purpose is to get H1B.

If I can get it without changing status (using 3r extension), then that is the perfect solution.

And I don't need to go to border then.

 

[nelsona]

You will need to go to border to activate the H1, since your I-129 petition is not being filed while you are in a valid status (which you could have been had you filed for b2). It will not have an I-94 attached, so you will need to geo to border to activate it.