H1B to TN

S

skate9401

New Member
I arrived in the US on TN status in late 2005 and moved over to a H1B visa in 2006 with the same company. I transferred to a new company on H1B status in early 2009. I am interested in working for company C which may not be able to do an H1B for me but may consider a TN.

If Company C agrees to do a TN and I go back to the POE to get approval, I've read that it immediately voids my H1B status with Company B. Is this true? Company C is in another city so I would need time to move my stuff whether to the new city or back to Canada.

In this case, is it possible to apply for a TN through mail in? So if succeeds, I can give sufficient notice (how does the timing work?) and still remain legal throughout the entire process?

Thanks to all.
 
You cannot have 2 different statuses at the same time. So, while gettinga TN does not immediately cancel your H1, you afre no longer in H1 for that particular entry, and thus cannot work for B unless you (a) get a TN for them as well or (b) go out of US, enter on H1 and go to work for B, but then you cannot work for C.

See the problem?

Getting TN through mail would be even worse, since ou would have to stop work for B at the exact instant your TN as approved, which you have no control over.

The solution is to get a TN for company B as well. Problem with that is that will tip off B that you are working elsewhere.

Keep in mind that you are never required to give notice to employer. But if you feel you must, then, get TN entering US, go back out of US and re-enter on H1, go goive notice, after last day at B, go back to canada and enter on TN. Note that this is tricky, and depends on mood of officer, and whether or not they like the idea of you juggling statuses. I wouldn't use the same pOE for each entry if possible.

If it were me, I would skip giving notice, get TN and quit immediately. You are allowed.
 
Is he entitled to work for Company B on H1 if he gets a TN with Company C? Say he started working for Company C on TN and he didn't like it. After a month can he go back to company B on H1? Can he go back to Canada and come back to US on a H1 with Company B after a month of work in Company C?

The assumption here is company B won't cancel his H1B.
 
Yes, as I said, by going back out of US and entering on h1 -- assuming Firm B has not cancelled his h1.
 
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