H1 to TN to H1

A

asem

New Member
Currently I am on H1 and my new employer wants me to transfer to TN.
So in future if I want to transfer to H1 again do I need to file as if
applying for a brand new H1? How does this work?

Thanks in advance.
 
If you want to get an H1 job in the future, you will need to re-apply for H1, however, because you already had H1, you will (a) not be subject to a quota, and (b) be able to start right away after submitting I-129, before approval by virtue of AC21. (please consult elsewhere for AC21 regs on H1)
 
asem said:
Currently I am on H1 and my new employer wants me to transfer to TN.
So in future if I want to transfer to H1 again do I need to file as if
applying for a brand new H1? How does this work?

Thanks in advance.
Click to expand...

I believe it depends. If your previous H1 employer is an acedemic institution and NOT a company. Plus if your second H1 employer is a company, you may still subject to the cap. All other cases, you should be fine. That is what my lawyer told me.
 
yes, yes, if your initial H1 was for a cap-exempt employer, and a subsequent one was not, then it would be subject to cap. All would still require a new I-129 filing, and would benefit from AC21.

let's not bog down TN threads with detailed H1 discussions, though.
 
Thanks for the information.

I am not on H1 with non-profit org so the quota won't be a problem. Some told me AC21 allows H1 portability within 60 days. Does this mean after I switch to TN then *transfer* to H1 after 60 days but can't start working before I-129 approval? Just to be sure.

Thanks again!
 
Why are they asking you to get at TN? Is it money related (Fees?) Trying to start the job quicker? Somehow I feel you're going to get the shaft. Just move the H1B.
 
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