H1 --> Tn ????????

H

h1ortn

New Member
I am currently on H1 visa,

In April 2007, I got a good offer in Canada and I accepted it (Now actually they made me full time). My H1 visa is due in Sep-2008.

Now I am not sure weather to resign and look for a new job in US and that too when everybody is talking for recession.

And one of my other major concerns is

1. If I get a job say by May-08, Will INS approve my application for extension Only with three current paystubs (may, June, July….,) and none in previous years. (my employer is ok to apply for extension in 2008)

OR, forget H1b all together, and apply for TN1 sometime later after this confusion of recession goes away.

One of the reasons why I still wanted to keep H1 is, I heard that like in 2007, GC priority dates may become current again sometime in 2008. Current dates for Asian countries are important for me because I am not a born Canadian.

I will be very thankful to you all in this forum for your feedback and advice on my situation.
 
h1ortn said:
1. If I get a job say by May-08, Will INS approve my application for extension Only with three current paystubs (may, June, July….,) and none in previous years. (my employer is ok to apply for extension in 2008)
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-- If you have left your employer who sponsored your H1 and returned to Canada, there is no " H1 extension". You are no longer in H1 status and will need a new H1. If you are subject to quota or not, I am not sure (I think, you are not).
 
Because of some reasons i am on a long leave from my US employer, so I did not leave my US employer yet.

This employer is calling me back and i am willing to work, but as i said i have this doubt, if INS will approve my extension only with three or four current paystubs.
 
This is not the definitive place for H1 advice, obviously, but once you get an H1 under a quota, you can ALWAYS get H1 extensions/approvals until you use up 6 years of H1 clock, regardless if you change status, leave the country for more or less than 1 year, or anything else, without any quoata issues, AND you can use portability to begin working immediately upon receipt of the I-129.
 
So nelsona, if i understood correctly i can

drop H1(if choose to) and take TN now and

1. use the reminder of h1 term later (Because i am already counted in the cap)
2. can also apply for h1 later at anytime during the year (not just April) and because i am already counted in the cap).

The reason why posted in this thread was to find more about droping h1 and going to tn.

Will it be ok to just 1. take my offer letter along with my work and university degrees to the P.O.E for TN and 2. my current H1 will be canceled at the border or is there another process for a person going from h1 to tn

Thanks again
 
1. yes
2. yes, your new sponsor can spply for h1 anytime, and you can start working before approval.

1. Yes
2. "Cancelling" the H1 is up to your old sponsor; you have no care about this. All you care about is making suure you have current I-94 with the right status for the right employer.
 
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