H1B or TN

OldMeadow09

Registered Users (C)
Hello,

I am a canadian and H1b holder. I just got to know that I have to join a new company staring next year. I have already planed a trip to go outside of US and will be back on Dec 31th before I know this.

So far, I don't know which visa status my new employer want to sponsor. I would like to know if there is any possibility I may be rejected for TN if that is the visa my new employer want to sponsor. Since I will reenter US on Dec 31th (from a country other than Canada), can I get the TN at the US airport?

Also, I may want the company to sponsor my green card at some point down the road. The H1b may make everything easier during the application process. Should I keep my H1b status and just do H1b transfer if the new employer does not mind doing that? How long does it take before I can work for the new employer?

Thank you very much for your reply.
 
You can get a TN at a US airport when entering from other than Canada.

Whether or not you later wish to return to H1 status to male GC process easier, going on TN now does not prevent this. You can go back to H1 anytime in teh future without problem, until your 6-year h1 clock is used up.
 
Does that mean I can go back to the same H1 vsia with a differnt employer or the employer has to apply for a new H1?

Thanks
 
It's just that your new employer will not be able to file H1in time for your return to US, so you needto enter on either a new TN, or, if you are stll working for the old employer, that H1. You cannot enter on an H1 does has not been filed yet.
 
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