TN to bridge H-1B gap

H

ht_calgary

New Member
I'm a Canadian citizen and got a job offer to start working in the U.S. in July. The company will file an H-1B application on April 1, but of course, I wouldn't be able to start until Oct 1 and that's if I am accepted under the cap.

I have a couple of questions:

1. Can I apply for TN status in June if my H-1B visa application has already been processed? (The company is paying for premium processing so I would know by the end of April). If so, will the H-1B still kick in on Oct 1, or will it be nullified by the TN visa?

2. Would it be smarter to not file for an H-1B this year, just get TN status, and apply for an H-1B next year?

Thanks
 
Your TN has no impact on H1.

You would be crazy to wait to file h1, if they are offering it.

Get the TN, then worry about what happpens october 1 if you get H1. BTW there are no worries.
 
Get the TN, apply for the H1 but only for approval, not a change of status. Near the end of TN, change status to H1 (by applying for cos or by entering in H1). You will save time on your H1 clock.
 
Thank you both for your responses. I have a couple of other questions:

Do I have to apply for TN status before I apply for an H1 on April 1? (I think you answered this nelsona, but I am just checking)

Also, since I do not currently have any status in the U.S., when I apply for an H1 on April 1, I assume I will be applying for an approval and not a change of status. Am I correct?

btw nelsona, congrats on the green card!
 
Your H1 can be applied for while you are out of US, in wqhich case it will only take effect when you go to border.

You do not need go get TN before April, unless you want to work before april.

If you did get TN however, you could then request change when you submit H1 application.

Not much of a difference, and may be moot on April 10th or so when you do not win the H1 lottery.
 
I want to get this right.. I'm on TN now, If I get my H1B approved this year for OCT 2008, I can just apply for the change of status from TN to H1B at the end of my TN period? How can I do the change of status - through mail? or at the PoE? or at the consulate?
 
Thru mail ($300) or at POE/PFI when entering US and getting I-94. Cdns don't go to any consulate.
 
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