TN status with H1B application in-progress and job ended

J

Jay_Kay

Member
Good day!

I am a Canadian Citizen on TN status in the U.S. The consultant company (my employer) I work for applied for H1B (COS) and my application is in-progress at USCIS. Due to the current nature the client company let go of several people and I am one of them.

Being on TN you get the 60 days grace period. Along with me, my consultant company is also looking out for opportunities.

1. Let’s say I am unable to find something in those 60 days, is my only option is to return to Canada?
2. If I returned to Canada what will happen to the:
a) TN Status
b) H1B application that’s in-progress

I seem to have a lot of questions that need clarifications but would like to start with the above. I would appreciate your kind assistance.

Thank you!
 
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1. You can also apply for change of status to B-2 if you need to stay longer in the US
2a. Technically, nonimmigrant status disappears when you're not in the US. I think you mean to ask whether you can come back on TN in the future. The answer is yes but you would of course need a new job offer that qualifies for TN.
2b. It will be automatically abandoned. You will have to go through the lottery if you want to obtain H-1B status in the future.
 
The H1-B application is NOT abandonned, since it was not you that made the petition, but your firm, so leaving US does nothing to that petition.
 
nelsona said:
The H1-B application is NOT abandonned, since it was not you that made the petition, but your firm, so leaving US does nothing to that petition.
Click to expand...
Perhaps I was unclear. In TN -> H-1B change of status cases (or F-1 OPT to H-1B, whatever), if the beneficiary travels while the petition is pending, then the change of status will be considered abandoned. The petition may still be approved, but it changes to a consular notification case.

But in the OP's hypothetical, the distinction is irrelevant. The point is that they would not be able to legally obtain H-1B status since there is no job with the petitioner, and they would not be counted against the cap, therefore any new H-1B application would go through the lottery again.
 
If the H1-B is approved, he can still use AC21 (remember that old thing?) to port to another H1-B job without cap, even if he never work for the first sponsor. In any event, that is getting off TN topic.

AS we now agree, I-129 is not killed by the actions of the beneficiary. Change of status is a minor detail for Cdns who need not go to consulate.
 
Thank you, Nelsona and WageCuck3!

The good news is that I've been offered a full-time position at another company. They mentioned the following after consulting with their lawyers:
a) go to the border and get a new TN for the new position (assuming I can go to the border and do it without getting quarantined);
b) on October 2nd the new company is going to submit paperwork for the H1B transfer (my h1b application with USCIS was approved as on September 8th with the current consultant company).

Questions:
1) What happens to the TN of my current employer? I have it until 2022. Should I keep it?
2) Should the H1B transfer application be submitted to USCIS before October 1st by the new company? or is there a particular date it needs to be sent?

I would appreciate your kind assistance.
 
1. there is no such thing as "keeping" or not keeping, the piece of paper representing your TN if you re moving on to another TN or another legal status. You only need to hand back the I-94 if you are leaving US for good. If you are no longer working for first sponsor, there is no validity in the I-94, regardless of its expiration date, but you are not obliged to turn it in.

2. Seems like your new sponsor knows what they are doing. If you have quetions about porting H1-B, please ask on an H1-B forum.
 
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