TN going onto H1

C

crayzee_canuck

New Member
Currently I'm on a TN visa and was granted an H1 which will be effective on Oct. 1st this year. We are planning on travelling outside of the country in September and getting back in the US before Oct. 1st. Has anyone else traveled just before there H1 went into affect and if so have you had any issues at the border? I've read a couple of posts that seem related and I haven't seen too many issues. Thanks in advance
 
I did long ago and there was no problem.
I assume that since you were already working in TN, that your H1-B approval came with an I-94 attached. If so, then regardless of whether you travel anytime before October not, your new I-94 becomes effective that date (and your old I-94 becomes dead). You will still need your current I-94 to enter until 9/30/14, but after that, you take it out of your passport and replace it wit hthe new one.
 
Thank you for your reply. Yes my H1 has been approved and I have received my new I-94. Another wrinkle in my situation is that my wife is not a Canadian citizen and if we come back to the US after Oct. 1st then we need to get her passport stamped with an H4 visa which I would like to avoid for now since we don't want to waste time during our vacation to go for her visa appointment.
 
As long as she has an approved H4 I-94 (which she could have sent in her I-539 with your H1 application) and she is only travelling in Canada, she can re-enter US after October 1 with AVR (automatic visa revalidation).
But is she did not file I-539, or if she is travelling outside Canada, then yes she needs to enter before Oct 1. Of course, if she did not file I-539, then this pre-October entry is of little value, since she is no longer TD after October 1, and would have to either file I-539 before that date, or leave US and get visa, and then H4 status at the border.

So, I hope she filed I-539, and that it is approved.
 
Thanks Nelsona. Yes my wife does have her H4 I-94 so we should be good. We would be travelling outside of N. America. The I-539 you are referring to is for the H4 correct?
 
Yes, so she replaces her I-94 on october 1 as well. Remember to advise your employer to prepare a new I-9 for you on that date.
 
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