TN status to H1b

C

chrislilondon

New Member
Hi. I am a Canadian currently on TN status, I won H1b lottery this year and the law firm chose "consular processing" for me. I believe that means I need to activate H1b after Oct 1 at the border right (since Canadians don't require a visa)? But my current TN status is still valid for another two years and I have no plan to travel anytime soon, does that mean I can chose to activate H1b at the border with CBP whenever I want in the next two years? Is there a deadline to activate H1b at the border?

Also, does activating H1b later also has the benefit of having more time towards the 6 years limit (since I will be on TN before activating H1b, so does that mean I can recapture this time at the end of next renewal)?

Thanks.
 
That depends. While consular processing has a specific meaning for Green card process, for non-immigrant statuses, it may simply mean that you will get a visa "when needed" at a consulate, the processing of your I-129 is being done completely by USCIS, with no involvement with State department (especially for Cdns) . Likely your I-129 was submitted with proof of your current I-94, and if this is the case, your H1b will automatically become active on Oct. 1, You will know this if there is an I-94 attached to your approval notice.

If there is no I-94 attached to your notice, then, yes, you can go to the border to activate the H1-b, which can be done anytime in the future, and your six-year clock will not start until then,
 
nelsona said:
That depends. While consular processing has a specific meaning for Green card process, for non-immigrant statuses, it may simply mean that you will get a visa "when needed" at a consulate, the processing of your I-129 is being done completely by USCIS, with no involvement with State department (especially for Cdns) . Likely your I-129 was submitted with proof of your current I-94, and if this is the case, your H1b will automatically become active on Oct. 1, You will know this if there is an I-94 attached to your approval notice.

If there is no I-94 attached to your notice, then, yes, you can go to the border to activate the H1-b, which can be done anytime in the future, and your six-year clock will not start until then,
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Thank you. I only got the H1b Notice of Action I-797B that says "The alien may use this portion when applying for a visa at an American consulate abroad. or if no visa is required. when applying for admission to the U.S". I don't see an I-94 attached.

One other concern is, if I choose to active H1b next year after next year's lottery cycle, would that be subject to the new 100K fee? Or would I be exempt since I won the lottery this year?
 
Without I-94 attached, you are free to start H1-B clock when convenient for you.

I do not know about the details of the $100K. Ask on an H1-B forum.
 
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