Switch to H1 from TN, any risk?

B

bmx

New Member
Hi all,

I am an TN holder working with current employer for past 2+ years. Recently my employer suggested me to COS by sponsoring my H1 application in April. But there are somethings that are puzzling me:

In the case that my H1 application is not approved, is there any trouble for me to renew my TN visa next time due to my intention to switch to H1?

Thanks in advance for your advice.
 
No problem. H1 is non-immigrant status, just like TN, so you would not be demonstrating immig intent, so TN is safe.
 
Well what if you are on H1, apply for GC (which you give up) or buy a house or something and then go on TN . Is there any risk there ?
 
Applying for GC is immig intent. getting H1 (never mind simply applying for it) is NOT.

And buying a house in US doesn't even enter into the equation.
 
nelsona, thanks a lot for clarify that for me.

My lawyer working for my employer also suggested that I give up any travel plan (including Canada) from April to Oct 1st. I am wondering how serious the impact will be on H1 application if I do need to go across the border.
 
Your travel won't impact the I-129; your lawyer is unduly worried. Since the I-129 is the employer's petition, thus nothing you do can affect it. The worst that can happen due to travel is that the automatic activation from TN to H1 that would occur on October 1 might not take place and you would have to go to to border to start H1.

Just remember that whatever happens with H1, you still need a valid TN until at least October 1.
 
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