Last year of H1b - Can I switch to TN

[jlsu]

Hi everyone,

I'm in a quite special situation.

I work as a financial analyst and am in my final year of H1b. My current company has filed for GC for me. But I haven't even got my Labor Certificate yet. I'm contemplating on switching to a different company. Since I only have about 6months left on my H1B, I'm running against very tight timeline to have the new employer file for GC for me and then file for H1B extension (GC application is necessary here for H1B extension). My questions are:

(1) Can I switch from H1B to TN? Would previous filing of GC be considered evidence of immigration intent? But I haven't even been approved of Labor Certificate.

(2) Can I have my new employer first file for GC and H1B extension. If it doesn't get done by the end of my H1B tenure, can I then decide to file for TN? As far as I understand, TN is fairly quick.

Thank you so much! Any advice is much appreciated!

 

[gunt]

1. yes you can switch to TN. There will be no immigrant intent unless you have filed I-485, which would be impossible without an approved I-140 and an approved LC.
2. yes this option is also possible, though it seems like it would have a lot of additional costs for the new employer since the H1B would expire in 6 months and then need to be extended.