Need Help - Planning for TN Visa while my H1b application is in progress with my Indian passport (Cancelled after applying)

mahadeva.us

mahadeva.us

New Member
Hello everyone,

Need help. I am planning for TN Visa as I got Canadian Citizenship in Jul 2022 and surrendered my Indian passport in Oct 2022. My employer submitted an H1b application in Jun 2021 with my Indian passport and it is still in progress. I am planning to upgrade to premium processing as it is overdue from USCIS on the decision. My questions:
1. Can I go for premium processing on my H1b application filed with my Indian passport (Cancelled now)
2. Can I plan to apply for a TN visa in parallel with my Canadian passport?
I really appreciate any help you can provide.
 
1. Talk to your employer about this since they have filed an application that might have to be amended.
2. You can certainly go ahead for your TN - but if your H1 is activated (not just an approval notice) AFTER your TN approval, your TN becomes void - since you can be only on a single status at any given time.
 
What status are you working in now, since you have neither H1-B nor TN?

Your change in passport is not really important, since H1 does not rely on particular nationality, but simply ask the sponsor to amend (if necessary).
 
bigboy00 said:
1. Talk to your employer about this since they have filed an application that might have to be amended.
2. You can certainly go ahead for your TN - but if your H1 is activated (not just an approval notice) AFTER your TN approval, your TN becomes void - since you can be only on a single status at any given time.
Click to expand...
Thank you. Much appreciated.
 
nelsona said:
What status are you working in now, since you have neither H1-B nor TN?

Your change in passport is not really important, since H1 does not rely on particular nationality, but simply ask the sponsor to amend (if necessary).
Click to expand...
Thank you for your response. I am working in Canada (Earlier on PR with an Indian passport and now became a Canadian Citizen recently). Planning to move to the US asap on either an H1b (if approved) or a TN visa.
 
If you decide to get a TN before your H1 is approved, you can work immediately.

Since your H1 was submitted while you were out of the country, you will NOT automatically become H1 when it is approved. You will need to (at some convenient time for you and tour sponsor) leave the country and re-enter on the H1.
Given that the TN and H1 are very likely for the same job, I wouldn't worry about transitioning when/if the H1 is approved.
I would be going for TN at the border, not by mail-in application.
 
nelsona said:
If you decide to get a TN before your H1 is approved, you can work immediately.

Since your H1 was submitted while you were out of the country, you will NOT automatically become H1 when it is approved. You will need to (at some convenient time for you and tour sponsor) leave the country and re-enter on the H1.
Given that the TN and H1 are very likely for the same job, I wouldn't worry about transitioning when/if the H1 is approved.
I would be going for TN at the border, not by mail-in application.
Click to expand...
Thanks for your response. Much appreciated.
 
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