Switch from H1B to TN1

J

jc2002

Registered Users (C)
Dear folks,

My company sponsored me for GC, and I am on my last year of H1B and my I140 has been approved. However, I want to switch job (don't ask why, many good valid reasons). But I am in my last year of H1B. If I switch, can I get a TN1 visa for the new job even if I filed I140 before and it was approved?

Thanks.
 
If I switch, can I get a TN1 visa for the new job even if I filed I140 before and it was approved?

-- Yes, You will be able to get the TN1..
 
bigboy00 said:
If I switch, can I get a TN1 visa for the new job even if I filed I140 before and it was approved?

-- Yes, You will be able to get the TN1..
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Can you share more insight? did you experience this yourself or just making a guess?

Appreciate your reply though!
 
jc2002 said:
My company sponsored me for GC, and I am on my last year of H1B and my I140 has been approved. However, I want to switch job (don't ask why, many good valid reasons). But I am in my last year of H1B. If I switch, can I get a TN1 visa for the new job even if I filed I140 before and it was approved?
Click to expand...

You can switch from H1 to TN. The filing of the I-140 has no impact on your ability to apply for a TN. It is only the filing of a I-485 that would negatively impact your ability to have an approved TN. Naturally as you move to a new employer, the I-140 will no longer be valid for you and you will have to restart the process including the labor certification.
 
Can you share more insight? did you experience this yourself or just making a guess?

When I applied for my TN at the border, my I-140 was approved (previous employment). I was never asked about it and were granted the TN status for the new employer. After that, I did mail in renewals and all were granted without any issues.

FYI: I-140 is not looked upon as an immigrant intent, but I-485 is..

Hope this helps..
 
So if asked on the TN application form that if I have ever applied for US immigration, I should answer "No"?

Thanks a lot for your valuable answers. I was worried about it for quite some time.
 
So if asked on the TN application form that if I have ever applied for US immigration, I should answer "No"?

I do not remember the specific question (exact wording) on the TN application form. If you let me know that, I can answer in a better way..
 
bigboy00 said:
FYI: I-140 is not looked upon as an immigrant intent, but I-485 is..
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Keep in mind that this is a USCIS memorandum, not CBP. If the border officer decides that an approved I-140 constitutes immigrant intent, you're not getting a TN. End of story.

I'd do this as a mail-in, and there is a question on the I-129 that asks if an immigrant petition has ever been filed on your behalf. You must answer YES, and explain.
 
I'd do this as a mail-in, and there is a question on the I-129 that asks if an immigrant petition has ever been filed on your behalf. You must answer YES, and explain.

Not true. I checked the I-129 form. The question is like this:

Part 4, Question 7.

"Have you ever filed an immigrant petition for any person in this petition?"

This is a question for the employer who is filing this application. If THIS employer (not the past one) has not filed the I-140 for you, then the answer is NO.
 
bigboy00 said:
Not true. I checked the I-129 form. The question is like this:

Part 4, Question 7.

"Have you ever filed an immigrant petition for any person in this petition?"

This is a question for the employer who is filing this application. If THIS employer (not the past one) has not filed the I-140 for you, then the answer is NO.
Click to expand...

You're right. I had the language confused with the I-539. Thanks for setting this straight.
 
One final question, I hope.

Can I transfer my H1B which expires in a few months, and then before it expires, mail in a form to transfer to TN1. The purpose is to avoid a trip to the border and face uncertainty. I would rather mail the forms.

I have been on H1B for almost six years, and I switch to an TN, would that be contradictory to the nature of the TN1 visa which is temporary?
 
jc2002 said:
Can I transfer my H1B which expires in a few months, and then before it expires, mail in a form to transfer to TN1. The purpose is to avoid a trip to the border and face uncertainty. I would rather mail the forms.
Click to expand...

I have been on H1B for almost six years, and I switch to an TN, would that be contradictory to the nature of the TN1 visa which is temporary?
Click to expand...

Just because you have been here for six years doesn't mean your stay isn't temporary. USCIS may ask a question but I have heard of cases where TN holders have been here for a decade.
 
One final question, I hope.

Can I transfer my H1B which expires in a few months, and then before it expires, mail in a form to transfer to TN1. The purpose is to avoid a trip to the border and face uncertainty. I would rather mail the forms.
 
TheRealCanadian said:
Just because you have been here for six years doesn't mean your stay isn't temporary. USCIS may ask a question but I have heard of cases where TN holders have been here for a decade.
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Real canadian can you give me your e mail
 
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