TN extension while awaiting for H1 status

P

PLO

Registered Users (C)
Hi,
I am currently working under TN with my H1 petition approved in June. However, because my current TN expires in the middle of August, I filed an extension request on 06/15. The request is under processing at Vermont (VSC)at this time. I would like to know:
1. Do I need to go for premium processing if I still haven't received the decision from USCIS by early August for my TN extension? If not, am I still eligible to work or even stay in the US until 10/01? I heard about the 240-day thing, but under which immigration law does it come from?
2. If my TN extension is approved before the expiration date of my current TN, how long can I stay in the US as a TN worker before I return to Canada and change my status into H-1B? (my H-1B approval did not come with an I-94 --> I had to go to a consular office for a visa). I don't really want to go back there at early October since I don't have enough vacation days.
3. If my TN extension is denied, do I have to leave the US immediately?
4. What would be an interview process at consular office like? What kind of questions would they ask most likely? Would the questions be as grilling as the border officers'? (although I have not had experienced horrible things like some of you had, but I have heard enough of that...)
Thank you very much in advance
 
1. No. Your I-129, since it was filed before your current TN expired, grants you upto 240 days of TN, until the case is decided. Don't ask for thelaw, I've posted it many times, google it yourself.

2. You can stay on your TN for as long as you wish. You do NOT have to go to consulte for any reason to validate your H1 (who is giving you this bad info?!). When convenient, go to border and switch.
3. Yes, but that is unlikley.
4. See #2. You are Cdn. you NEVER go to consulate for TN or H1.
 
Hi Nelson,

The instruction about going to a consular office for H-1B visa was requested by USCIS since the approval notice was issued before I filed my TN extension (that's why there was no I-94). It had already appointed the office I should go to.
So, do you mean that I can still give a try at the border first regardless of the instruction?

Thanks
 
Hi Nelson,

One more question. Is there a time limitation that once my H-1B is approved, I have to change my status by a certain date within that fiscal year? I planned to change it sometime around Christmas if my TN extension is approved.

Thanks
 
So, do you mean that I can still give a try at the border first regardless of the instruction?
Click to expand...
Yes. You will not be given an appointemnt at any consulate because you are Cdn.
Is there a time limitation that once my H-1B is approved,
Click to expand...
Not really. Christmas is fine.
 
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