H1B apporved with i-94 attached while on a TN that expires in Auguest

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OldMeadow09

Registered Users (C)
Hello everyone,

Currently I am working on TN visa, which will expire in August 12. I just got my H1B approved with the I-94 attached. But the H1B visa will not be valid until Oct 1.

There will be about two months gap while I am out of status and not authorized to work in US which could put my at risk of losing my job.

Could I
1) Renew my tn vsia by mail in August. would I recevie a receipt for the renewal applicaiton based on my situation?
2) Go to border to get a new TN visa before my Tn visa expires and go to border again to activeate my H1b after Oct 1.
3) Find a new company. Can I swtich back to TN or can I transfer my H1b visa?

All I want is to be able to keep my job here no matter I am on TN visa or H1B visa.

I really appreicate your help.
 
Of course you should be getting a new TN with the company you are currently working for. This was always going to be the case.

It was incorrect for CIS to issue you an I-94 in your case, since you didn't have status that would run until Oct. 01. But that is not a problem for you to worry about.

But what you do need to do is get a TN that expires sometime after Oct 01. You can do this either at border or by mail.

Why would you want to find a new company?!
 
Thank you so much for the reply. I feel much better now.

Accoring to the attorney who processed my green card, I may not get my TN visa renewed at border because the officer can see my H1b visa. but he said I can renew my visa by mail within US.

I called USCIS too. The person who answered the phone told me I will have two months gap and I cannot renew my tn visa now since I've ready got my h1b visa. What I feel puzzled is he even said I can stay in US until my H1B becomes active but my employer may get fined if they get investigated although the chance to be investigated is small.

I don't want to be out of status and out of work for the two months. If renewing my tn visa is not possible the only option left for me is to find a new company so I will not be out of job which I really don't want to happen:) .
 
Correction to my previous email:

"Accoring to the attorney who processed my green card". It should be 'H1B' not 'green card'.
 
OldMeadow09 said:
Accoring to the attorney who processed my green card, I may not get my TN visa renewed at border because the officer can see my H1b visa. but he said I can renew my visa by mail within US.
Click to expand...

I'd love to hear his logic for this piece of idiocy, especially since the Service Center folks will have more access to the H-1 petition data than the border POE. :rolleyes:

Your so-called lawyer is 100% wrong. Get a TN, and at your next entry to the US after October 1st enter using the H-1.
 
Thanks.

There are many unqualified lawyer out there who may screw things up. I guess the laywer should not have asked for change of status on my H1B application.

I am not sure if I understand right. Can I renew my tn by mail or I have to go to the border to get a new one?

Thanks for your reply.
 
Almost Similar situation

Hi,

I am in the exact same situation except that my H1B approval has come without a I-94 attached because as Nelsona rightly said my TN is valid only untill August 2009 so I am not in status to request for a change of status.
My question is, would be safer to apply for a TN by mail in my case? Also is it recommended to apply right away for the TN considering the USCIS delays? My company will not spend for the TN so I would like to know what are the USCIS fees for TN extension by mail? I will start gathering all the documents necessary if somebody can point me as to what all I need. My wife is on a TD and has a health condition and cannot travel to the border right now so we would need to apply for her TD as well. So kindly let me know the cost for that as well.
Thanks in advance.
 
The fee is $ 320 plus the fee for your wife or other dependent

You may get the latest fee from the USCIS web site.

My employer used to do the TN visa renewal for me. I found something for you online:

-------------------------------------------------------------------------
You will need:

I-129 Petition for Non-Immigrant Worker

I-539 Application to
Extend/Change Non-Immigrant Status - use this form if you have dependents
under the TD status.

You should / must include the following documentation:

1. Front and back copies of your I-94's,
2. Copies of your Canadian Citizenship Card, Canadian passport, or Canadian
birth certificate
3. An original renewal letter on company letter-head. This will be very
similar to the original letter used to obtain your TN status.
4. Copies of the education diploma/degree, or transcripts used at the time
you obtained the first TN.
5. If you were required to prove experience, copies of all such proof that
was provided when you received your original TN status.
6. Send PRIORITY POST with PROOF OF RECEIPT. You "Might" have to prove that
you sent it on time!
7. SEND A COVER SHEET listing everything you have included with your
package. Put the cover sheet on top of everything so that the USCIS person
opening the envelope sees it first.
8. Of course, include your check!

-----------------------------------------------------------

Hope it helps.
 
As I already said, you can go to border or by mail. I would simply go to border.

btw you can edit your posts, no need to correct them with another post.

And there is no hurry to do this TN mail-in. It can be done as late as last week of current TN, and that will keep you in status until October anyways.
 
Thank you so much Old Meadow. I checked the fees for my wife's I-6539 and it is $300. So it will be a total of $620 for us both. We do not really require a lawyer for preparing this packet,right? I mean I have always prepared my own TN packet but always gone to the border to get it so just wondering if they scrutinize more if sent by mail. I will probably send out my application in the last week of July.
Are you going to the border or applying by mail?
 
shevas,

Remember that you will additionally need to go to the border, or submit another set of I-539's to switch to H1 and H4 sometime after October 1 -- until you do that you will be in TN/TD.

So you are looking at $620 in July, and another $600 sometime after October.

Oldmeadow will not have to go thru this second change, as he will automatically switch to H1 on Oct 01,2009 due to being issued an I-94 which takes effect that day.
 
Thanks nelsona, You answered another question on my mind.

Do I need to apply for a visa or do anything else to be able to reenter USA if I travel outside USA other than Canada? I did not see 'Multip Entry' on the I-94 for H1B. Is my H1B visa a multip entry visa? Accroding to my lawyer, I need to get a stamp on my passport from a country outside USA then I will have no problem with traveling.

Thanks again for all the help.

Shevas,

I believe part of the I- 129 form whould be filled out by our employer who will send the application. No lawyer is necessary if you or your employer knows how to do the forms or renewal letter.

I would renew my TN on the border if I happen to travel around Aug. Otherwise I would apply by mail.
 
You need no such visa/stamp or anything else -- you are Canadian. The I-94 is all you need.
 
One thing both of you (and your spouses) will have to beware of, if you submit I-129/I-539 to CIS is to be sure to cancel any pending apps when they are no longer needed. For example if you submit an I-129 for TN in August and then, before approval, in October you go to border to activate H1 (or meadow's takes effect on 10/01) then be sure to cancel the pending I-129 etc, so it does not put you in an unnecessary status, or worse, have you denied that status after you are in H1.
 
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