TN -> H1B Travel

G

gmiller

Registered Users (C)
I'm currently on a TN (Canadian Citizen) which is in my passport to be valid until Sep 30, 2007. I have H1B approved for October 1. Is there any guidance about whether I can leave the country now and return on my TN between now and Oct 1? I would really like to visit home!

Thanks
 
As long as you wait until after approval, your TN to H1 transfer will be seamless on Oct 01. Since you say it is approved, thsi would be your case.

Even if you had travel before approval, your H1 will be approved (travel doesn't affect approval), but the actual change of status on Oct 01 would need to be done at the border, on Oct 01.

murthy.com has published USCIS guidance on 'last action' of H1's starting in October, while in other status before then.
 
Is there anywhere I can get a copy of the USCIS guidance? I believe it's a '04 letter from Hernandez? Is it online somewhere?
 
It is online, but the letter is from December 2006 I believe. loo at murthy and it has the date.
 
so it means that if gmiller has H1 approval and his current TN is valid until october, he can travel. correct?
 
Yes.

he could always have travelled of course (without affecting his h1 approval). But with approval in hand, and has I-94 attached, his status changes automatically on October 1st, regardless of any intervening travel.
 
Thx Nelsona
I remember that you said that on the other post. but I don't know why did I ask the lawyer about this.

As I am also planing to visit Canada on this July4th weekend. and I just called my lawyer and he told me no, plan the vacation after oct 1st when your H1 will be activated.

In fact my TN expiring on Oct 11th.

Anyways, once u confirmed it, I think the lawyer is crazy.

Thanks once again.
 
Its a kind of stupid question but just wanna make sure.

I should not take my H1B I-94, only the TN I-94. Right?
Traveling on July 4th long weekend.
 
Your i-797 for H1 is for the future. Leave that in a safe place for insertion in your passport on October 1.
 
update:
The entry back to US from Toronto was smooth. The Officer didn't ask too many questions. I used the Rainbow Bridge to cross the border.
 
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