Quit while on H-1b can I come back on TN-1?

[mrmojorising]

Hi,

I quit while I was on a H-1b, and now i'm going to be leaving about 5 weeks later. Would've left earlier, but kept waiting to have an interview with another company in the US, which kept being delayed.

So I think I got the job, and will leave next week, and then come back later in a couple months on a tn-1 (Canadian).

I didn't file anything to change my status, while I have been here and not working.

Am I going to have any trouble leaving since I remained in the US 5 weeks after I quit, will I have trouble getting another work visa or will my passport be flagged? Flying out of the US, driving or flying back in if I come back.

Thanks.

 

[nelsona]

Trouble leaving? no. Trouble coming back and getting TN? maybe.

You have been out of status for 5 weeks. When you go for your TN, they may question you about your previous status and then wonder why you remained in US out-of-status for so long.

That said, you have little choice but to leave, ahand in your I-94 to the Cdn officer, and then try for TN at the POE/PFI. You can't get TN by mail at this point.

 

[mrmojorising]

why can't i get it by mail at this point?

i'm unfamiliar with the procedure for leaving - i give my i-94 to the canadian officer, do i have to give anything to the us officer(s)?

 

[nelsona]

You can't do an I-129 because you are not in status.

You give your I-94 to the Cdn officer -- it's written on your card.
Nothing for US, since you don't talk to them when leaving.