H1-B for a TN status holder

H

hughk

Registered Users (C)
I still have more than 2 years left for my 3 year TN but my employer is preparing for H1-B now. The lawyer's office told us the followings:
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We will request that the USCIS send a copy of their decision and the petition to the Pre-Flight Inspection Unit where Mr. K normally boards a plane to enter the U.S under a TN status.
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I really don't understand the reason for it. Anyone can comment on this please.
 
The way they are suggesting may force you to leave US to get H1 status.

It is far simpler for them, merely to ask for COS at the same time as the H1 petition, and thus you will automatically covert to H1. No need to leave country.
 
In thise case, do I have to leave country and come back on Oct 1 to activate H1-B? I go to Canada every 2 ~ 3 months but I don't have any plan to leave country this coming Oct but Dec. If I leave the US in the early Dec and come back late Dec, will I be still on TN until then? How do I convert TN to H1-B? Is it when I reenter country late Dec?

Thanks
 
If they do a COS, your H1 will convert automatically from TN to Oct 1. If they don't you will make the conversion when you enter US after Oct 01 and present your H1 docs. You will be in TN status until then.
 
Thanks Nelsona,

Another forum, I have found the followings:

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those with an I-94 attached to their approved h1 i-797, will immediately become H1 on October 1, even if they have travelled out of the country. This applies to all statuses. This is by the 'last action' doctrine and has been confirmed by USCIS.
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Which one is correct?
 
Nelson meant the same thing - the H1 (I-797) that has the I-94 attached at the bottom is the "Change of Status" (COS) H1.

hughk said:
Thanks Nelsona,

Another forum, I have found the followings:

--------------------
those with an I-94 attached to their approved h1 i-797, will immediately become H1 on October 1, even if they have travelled out of the country. This applies to all statuses. This is by the 'last action' doctrine and has been confirmed by USCIS.
--------------------

Which one is correct?
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