Tn/AOS -> H1b/AOS

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sometwo

Registered Users (C)
Hi guys. It’s a great place and always very helpful

I have a question: I’m Canadian, working on TN which will expire in Feb, 2008. In May, 2007 my employer submitted I-140 for my position and later we sent I-485 for me and my family. So, status of AOS is pending. In April we applied for H1B and looks like my application won in the lottery (got receipt notice dated April, 20, 2007) but hasn’t been approved yet. If my H1B is approved, how do I switch my current TN/AOS status to H1B/AOS, since my lawyer told me that H1B is more protective? Do we have to leave country or just send adjustment of status application before October 1st? Thank you for your thoughts.

To complicate the overall – my Canadian passport expires in July, 2007. Do I need to get a new one?
 
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If your I-797 (issued with your H1 approavl) has an I-94 on the bottom, your status will change automatically on October 1.

In the unlikley case that it does not have an I-94 attached, then you should submit an I-539 to change status. You can send this anytime between approval and TN expiry, but I would send it sooner rather than later.
 
When your H1B is approved, if the approval notice comes with an attached I-94 at the bottom which is the same as the I-94 you have for your TN, then you are automatically switched from TN to H1B on Oct 1. However, if there is no I-94 or if the numbers are different, you could go to the border and re-enter with your H1B approval notice to be in legal status.
there is no impact on the pending I-140/485.
 
Thank you, guys

Only if I-94's come attached with the same numbers as our current TN I-94’s, then I will be switched to H1B automatically. Is this right?

Will Canadians be required a valid passport to enter the US starting from 2008?
 
Gunt,

CIS has given specific guidance on this issue, and has confirmed that the I-94numbers need NOT match. So, even if one has left US (after approval, but before October) and return and gets a completely new I-94, the I-94 on the H1 approval will take effect on October 1, under the 'last action' doctrine.

Search murthy.com for info on this from April/May timeframe.
 
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