tn expires before h1b become effective

desertstorm

Registered Users (C)
I am Canadian and currently working under TN which will expire on Sept 7th.
I just got my H1B approval notice WITH the new I94 valid from oct 1. I think that means a automatic activation.
There is a 23-day gap between the 2 visas and I have several questions.

1. Is leaving the US(going back to Canada) on sep 7 the only solution?
because renew the TN will changed the departure number that same to the H1B's.

2. When leaving US before TN's expiration, will the new I94 be taken by US customs, resulting the annulation of H1B? because the H1B instructions say to attach new I94 to the original one if available.

3. When re-entering US, is H1 visa ok on oct.1st if it is already activated ( I94 came with H1B approvement)?


Thank you very much.
 
renew TN affect the H1B?

pls help!
If I apply for TN by mail now, how long it will be approved?
If the renew TN has a nother departure number, how affect the H1B' I94?
 
hi
I applied for TN extension on 23 July by mail and as per the website it will take approx 3month.....I got my I 797c with-in a week which should be ok till they issue me an extension..when-ever they give me .....Good luck
 
Since I-797 has the I-94 at the bottom your change of status (COS) has been approved. Merely submitting a TN extension before your expiring date will buy you the TN status time you need for the COS. It’s taking 3+ months to process so after Oct 1 you would submit a request to cancel the extension.

Canceling will insure that you don’t get caught in the “last action taken” by USCIS. In other words if you didn’t cancel and your TN extension was granted in December; since this was the last action taken you remain in TN status. You would be required to file COS or exit and reenter under your approved H1B. Always keep photocopies (front and back) of all I-94’s for your record.

I’m not an H1B expert but isn’t there a 6 month limit for using it? After that the H1B is no longer valid? Don’t take my word, check this.

Always keep photocopies (front and back) of all I-94’s for your record.
 
help, Tn and H1B

1. If I renew my TN before the TN expired in the maxico boarder, My H1B will be cancle or not?
2.When I renew TN, do I tell them the H1B thing?

Thanks
 
It won’t be cancelled.

You’ll only lose the COS. Thus you’ll need to either exit and reenter on H1B OR reapply for COS. If you’re in proximity of the border it’s probably simpler to reenter. Having an H1B doesn’t affect your chances of getting a TN. If the border inspector questions you simply tell him you’re planning to change your status later on to H1B.
 
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