TN out of country

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cdn74

Registered Users (C)
I am on an H1B but going back to a TN to take a new job. Do you think I will have a problem and how long do I have to be in Canada before going though immigration and applying for a TN?

Thanks
 
cdn74 said:
I am on an H1B but going back to a TN to take a new job. Do you think I will have a problem and how long do I have to be in Canada before going though immigration and applying for a TN?

Thanks
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Sure, you are going to have problem...you have to satisfy the officer that why your intention changed because TN is about your intention. once you get H1B you have changed your intention.....it should not be a problem but from my experience it can be....its all depends on the officer and your luck....You have to convence and give a valid reason about your intention change to the officer....they can be vary nasty at times...good luck

I am canadian too and got 3 or 4 TNs before H1B
 
JoeF said:
Huh? What "intention" are you talking about? The only difference is that on H1, you can have immigration intent, while on TN you can not. But that does not mean that you have to have immigration intent on H1...
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I dont know if that person had TN before H1B but ofcourse the officer is going to question about intent.
 
TN from H1B Time In Time out

Yes I've had a TN. It's my intention to tell the immigration officals that the H1B was my employers idea - which is was. They however never intended to sponsor a green card just to keep me for 3 years.

What I can't seem to find anywhere is how long do I have to be in Canada before going back through Immigration to get a TN? is there a min time limit can I get one flight in and turn around and go right out or is it like 24 hrs???
 
cdn74 said:
Yes I've had a TN. It's my intention to tell the immigration officals that the H1B was my employers idea - which is was. They however never intended to sponsor a green card just to keep me for 3 years.

What I can't seem to find anywhere is how long do I have to be in Canada before going back through Immigration to get a TN? is there a min time limit can I get one flight in and turn around and go right out or is it like 24 hrs???
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well now I would live for sometime coz the idea is you have to show and give your canadian address and have to show that you have primary residence in canada and your intention is to work in us on temperory basis
 
unitednations said:
kanadian, you are being overly cautious.

Goning from h-1b to TN is no problem. Key thing is that you will be scrutinized if you filed a 140/485 or have tried to become a permanent resident. If you have then they will in all probability deny TN. However, if you haven't shown immigrant intent then there is no problem.

What you could do is fly in, turn right around and take next flight back to USA and get your TN on the spot.

Other thing you could do is just drive to the border, circle around and come right back to the U.S. side.

There is no risk in doing this, going from h-1b to TN.
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you are right but i want to make sure that the person know that there is a risk...I dont agree with you to just turn around and come back coz you have to give your canadian address for TN and thats where you have to show your residency in canada rather than in US...thats my point of view ...I always try to play safe but its me :)
 
unitednations said:
It's the same thing with h-1b; you are still considered a non-resident in USA.

I never went from h-1b to TN, but in renewing TN many years ago, a couple of times I just drove to the border and circled right back and got it done.
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I have done that way many times and thats okay because of your previous TN they know that your residence is in Canada but having H1 for 3 years they dont belive that you have residencey in canada....I am trying to make a piont on this issue...
 
Thanks

You both have been very imformative and helpful. I won't wear my enagement ring though ;)
 
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