H-1b to TN-1

M

mrmojorising

Registered Users (C)
I'm a Candian citizen (born in Canada), and have been in the US on a h-1b that expires in October of this year. Originally I was here on a tn-1, before i got a h-1b.

I quit my job with my US employer then I found out another US company was interested in me. I will likely get an offer from them the week after I stop working for my old employer.

Can i get a new tn-1 visa if i cannot transfer the h-1b visa? Will my new employer (and their lawyers) have troubles doing so?
 
You should easily get your new employer to file H1 for you and your status will begin automatically. Otherwise you can get TN, but will need to get one approved, either at the border or by premium mail-in, before beginning work.
 
but the issue is can i transfer my h-1b if i only get the new job the week AFTER i have quit? i thought you still had to be employed by your old employer to transfer h-1b.

i thought you could only get tn-1 approved at the border, how do you do it by premium mail in?
 
You do need to be 'in status', but it does not have to be H1. You would accomplish this by submitting an I-539 to switch to B2 the day before your last day of work, which you are supposed to do anyways.

TN by mail is form I-129. Again, you would do this after you have submitted the B2 to keep 'in status'.
 
I had a TN. Then switched to an H1-B. Quit that job to go to a new job. Got a TN for the new job. I just drove across the border into Canada, made a U turn, went back into the US, got the TN. Off I went to new job.
 
Yup, that works IF you only want TN. If you want H1, and want to use AC21 portability (which means starting work as H1 the moment I-129 is filed), you need to stay in status, even if that is H1 to B2 to TN back to H1.

And our poster does not yet have that second job.
 
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