How to claim unused days

T

TNTOGC

New Member
While I was on TN (Canadian), I switched to H1B to apply for GC. My H1B was approved while I worked 3 months on my 2nd TN approval. Now I am on my 6th year H1B and want to claim unused H1B, which is 9 months (my H1B and TN were overlaping for 9 months).

1. Is this possible? If possible, how do I proceed?
2. While I was on H1B, I applied for I-140 (EB1) and it was denied. Can I switch to TN (after my H1B expired) and start the GC through PERM?

Would some one help me please..
 
You need to show when your I-94 was stamped in H1. However, most TN to H1 migrations occur the instant the H1 is approved. If your H1 approval had an I-94 attached to it, that instantly became your new status. This is the change of status portion of all H1 applications done from within US. It is unlikley that you remained on TN when you think you did. Your lawyer should have explained this to you when your H1 approval came in. He probably thought you needed to activate it at the border, but this was wrong. Most lawyers get this wrong.

Don't forget to count days where you can prove that you were not in US during the past 6 years.

See murthy.com for a discussion on how to recapture H1 days.

You can go back on TN when you run out of H1 clock. You can subsequently resume h1 (7th-year) as soon as you get a new I-140 approved, or 1 year after starting perm, whichever is sooner.
 
Thank you nelsona for your quick response.

I have another question:
After my H1B expired, switch to TN and remain in TN for one year and then can I apply for a new H1B without leaving US (other than to get TN stamped)?
 
Thank you RealCanadian for responding quickly.

So my best option is to switch to TN, and start the PERM processing. Hopefully I will get the EAD before my TN expires (2 months for LC application, 6 months for LC approval and 2 weeks for I-140 under PP and 3 months for EAD totaling about 12 months).

At what stage I can't renew my TN, is it after LC, I-140 or I-485?
 
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TNTOGC said:
Thank you RealCanadian for responding quickly.

So my best option is to switch to TN, and start the PERM processing. Hopefully I will get the EAD before my TN expires (2 months for LC application, 6 months for LC approval and 2 weeks for I-140 under PP and 3 months for EAD totaling about 12 months).

At what stage I can't renew my TN, is it after LC, I-140 or I-485?
Click to expand...

You cannot get TN after you apply for I-485.

BTW, your 12 month calculation above is too tight, no room for unforeseen delays (introduced either by the lawyer or your employer!).
 
H1B to TN Renewal

I was on TN for two years then moved to H1B for the last 6 yrs. Do I have to renew (switch to TN from H1B) at the POE, considered as 1st time TN or can I renew by mail.

Thank you all for sharing the valuable information.
 
You can apply for TN, even 1st TN, by mailing I-129, but only if you are currently in legal status.
 
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