H1-B to TN for a Canadian

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OttawaSenators

Registered Users (C)
Hi all,

I know some of my questions might have been answered. I'd appreciate it if we could get refreshing answers.

1. H1 to TN for the same employer:
A. Can it be done by mail and what are the complications if any? (e.g. restriction on traveling)​
B. Any complications for a POE H1 to TN?​


2. H1 to TN for a new employer:
A. The same question as 1.A. Exactly on what day can you no longer work for the old employer?​
B. Any complications for a POE H1 to TN besides not being able to work for the old employer as soon as you cross the border on a new TN status?​
 
1A. Yes, I-129. no restriction on travel. the petition is made by the employer so can;t be abandonned by your actions. The I-797 will have a second I-94 attached.
1B. No.
2A. On the day the new firm recieves the I-129 approval -- if it has an I-94 attached, you MUST stop work at firm A. If it doesn't, then you must go to border to activate, which would put the timing in your hands.
2B. No.

Suggestion: if you are going to be an employee at new firm, why not just submit an H1 application.
 
Thanks Nelson.
In the case of 2B, If, for whatever technical reason (e.g. poor TN letter), I can't get the TN, I can come back in on H1-B before it expires, right?
The problem with 2B is that nothing at the border is guaranteed and I cannot give my current employer a proper 2-week notice. I don't feel comfortable until I get the TN for my new employer. Most contract jobs won't do 2A and want to save money.
 
If you are rejected for TN, and your H1 is still valid, you can enter on it.
Remember, though, that while notice may seem "proper" it is not required. They would rather you quit than expose them to you working illegally.

However if your TN at the border is approved, then plan to cross border once to get TN, and then turn around and re-enter on H1 or else you will not be able to give notice and at same time get TN. I would not risk that (the CBP could say that your TN invalidated your H1 -- not true, but you would be standing at the border arguing that) You will either get TN and phone to tell them you've quit, or you will give notice and then cross your fingers at the border 2 weeks later.

I would have no trouble choosing the former over the latter.
 
In the case of 2A (H1 to TN by mail), can the new employer ask for TN to start at a later date? In other words, can the status change to TN be a later date than I129 approval date? I know this is the case for H1 extensions because the attached I94 has a start date later than the approval date.
 
The approval date and start date can of course be different. But, if this results in you being in no status, you will have to go to border to activate your TN, ie. your approval will not come with an I-94 attached. You would want the new TN to start near to, but before the end of your h1.
 
Thanks again nelsona! Here is my plan (if I get this new job, WML):
My H1 expires in Oct. If I get the job next week, I'll ask the new employer to apply for a TN (w/ a change of status request so it'll come w/ I94 and also premium processing) with a start date of a month from next week. This way I can give at least a 2 week notice as soon as the approval notice w/ I94 comes in mail.
Do you bless this plan? Hopefully I got it right because I've never done mail-in TN.
 
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