TD visa while H1B is pending

[alexkandel12345]

I am planning to get a TD visa in Canada. My wife is working in the States, and I am currently in Canada. My employer applied for H1B, but it is still pending. I am a permanent resident of Canada. Can anybody advise whether I will have any problems getting TD or entering the US with on TD status while my H1B is pending.

Thank you!

 

[gunt]

you have nothing to worry about. You can enter US on TD while H1B is pending. When H1B is approved, you may have to leave US and re-enter.

 

[nelsona]

Seems like a waste of time to get a TD at this point, since you can no doubt enter on B2 status without having to go for a consular TD visa (which you would have to do to get TD), and then go to the consulate AGAIN to get H1 visa.

Since your H1 will not have an I-94 attached, you will still ahve to go to consulate to get an H1 visa, before you can re-enter on H1.

So, while gunt correctly says you can 'enter' on TD and then 'enter' on h1, You will need a consular apointment before each of those initial entries.

So, what I would do is visit spouse on b2 (I assume you either already have a visitor visa or are visa-waivered) and then get H1 visa at consulate and H1 status at border, when you are approved.