H1b change to TN

P

PurpleBlue

New Member
Hi,

I will be grateful if anyone can give me advice or suggestion on my situation.

I was on H1B for company A and I got an offer from company B last week. Since company B don't sponsor H1B, I need drive to POE to change my status to TN Visa. As my understanding, if the TN visa get approved, my H1B visa becomes invalid immediately. Since I need 2 weeks notice before I leave, I don't know how to handle it. Can I work for company 2 weeks for knowledge transfer?

Thank you!
 
The notion of the employee giving 2 weeks notice is purely a courtesy, and not a requirement. It is employers who are bound by this period (if defined in their policies.). Since neither you nor your current employer wish to willfully violate immigration law, you are not bound by any such notice period.

The only possible way to do what you are suggesting-- and this would require complete buy in by the officer at the border -- would be to go to border enter and get TN (not surrendering your H1-B I-94), and then exiting US once more, and re-entering on your H1B. Then when your notice is up, you would need to return once again to the border, re-enter on your TN I-94, and hand in your H1-B I-94. Again, this would have to be approved by the officer handling your TN.

Otherwise: Go to the border, get TN, and then go back to office and clean out your desk.
 
Thank you very much nelson. I talked to a officer from border this morning. They said i can not keep two status by law. It seems the only way I can to do is get the TN and resign in same day.

Thanks Again.
 
Yeah, that is the typical response. It goes to the definition of "keep". You most certainly can be "eligible" for 2 statuses, and you can "enter" on either at any one time -- as long as you strictly work under the one and not the other. That would be more feasible for someone living in another country however (ie. eneter sometimes on TN and sometimes on B1 or B2 or even H1-B),

But realistically, which is the realm we operate under, the offcier doesn't see this as feasible for a person living in US -- so you have to go along with it.
 
You must log in or register to reply here.
Top