TN-2 to H1

[caordaz]

Currently have a 3-yr TN-2 visa (expires 12/2012), I-140 approved last Friday. In July I'll be heading down to Mexico and am wondering what the best option would be:

1. Premium process change to H1 status (I still have a couple of months left on my prior H1). Would I still need to go to the consulate for a visa stamp or can I simply use the 797 notice?
2. Go on vacation and enter the country in TN status (Visa is valid for three years, multiple entry I-94 and minimal risk of being re-admitted with approved I-140)

Thanks.

 

[nelsona]

Why switch to H1 at all?

1. You mention a "prior H1". Please explain. You are currently in TN status. If you have a more recent TN "Visa", then any previous "visa", H1 or otherwise you had is invalidated. To enter on TN, you will need a TN visa, to enter on H1, you will need a new H1 visa -- after approval.
2. You will be re-admitted on TN if you have a current TN visa

 

[caordaz]

Why switch to H1 at all?

1. You mention a "prior H1". Please explain. You are currently in TN status. If you have a more recent TN "Visa", then any previous "visa", H1 or otherwise you had is invalidated. To enter on TN, you will need a TN visa, to enter on H1, you will need a new H1 visa -- after approval.
2. You will be re-admitted on TN if you have a current TN visa

Thanks for the reply Nelson. Why? Peace of mind I guess... granted that the I-140 does not show immigrant intent, one never knows when he will be the exception to the rule. In reference to the "prior H1," I had previously been in H1 status and used all but a couple of months, the company lawyer suggests we use that remaining time and ask for an extension.

I will probably just reenter on my current TN and hope that whoever is at the counter knows is knowledgeable enough.

 

[nelsona]

In reference to the "prior H1," I had previously been in H1 status and used all but a couple of months, the company lawyer suggests we use that remaining time and ask for an extension.

Thanks for clarifying.
There is no need to make an H1 application for the reamining 2 months and then request extension.

With an approved I-140, one can request the full 1-year "7th year H1-b" (or full 3 years if your EB priority date is not current) immediately. Your "6-year clock" is unimportant anymore. The extension is not something you need to ask for after applying, you merely apply for it.



I hope your lawyer isn't thinking of requesting a 2-month H1, followed by a 1- or 3-year one later. That sounds like padding his account, and costing your firm unnecessarily.