TN to H1 with current TN Expiring

S

shevas

Registered Users (C)
Hi All,

My employer is filing my H-1B this year. The questions I have is my current TN is valid untill September 15, 2008 and if I get selected in the lottery my new H-1B will only start from October 1,2008. My employer is going for premium processing but can they do a change of status( from TN to H-1B) so that I dont have to make a trip to the border and if they can how can I stay in status for the period between September 15, 2008 to October 1, 2008? What are my options here or do I have none? Worst case scenario I'll have to leave US on September 15th and come back in on October 1, 2008 but I don't want to waste the 15 days of work.
All replies from the TN gurus would be really appreciated.Thanks in advance.
 
There is no point in doing premium processing of h1, as it can only become effective Oct 01, 2008.

You can submit an I-129 in september, and then cancel it on October 1st. This will cover your 15 days.

Use the savings from not premium processing h1 to send in the I-129 regular.

If you are going to go thru the trouble to "leave US on September 15th and come back in on October 1" then just get a TN at the border anyways.

Your H1, in the unlikely even that you get it, will take effect oct 01 in any event.
 
Hi Nelsona,
First of all thanks for your advice. The premium processing is not under my control. My employer uses an Attorney's firm and it is company policy to go for premium policy. I want to avoid the hassle of going to the border to the best of my ability.
Now when you suggested submit a I-129 in september and cancel it on Oct 1st, would this action of mine to extend my TN in september negate my approved H-1B petition? If it will not jeopardize my approved H-1B petition then that would be the best thing for me to do. But would USCIS grant me the "Change of Status" if my current I-94 is expiring on Sept 15th in the first place? I wanted to know this as if USCIS will NOT grant the change of status then there is no point and I cannot avoid the border trip.
Also another question is my wife is here on a TD visa with me and the attorney is suggesting we do a change of status for her and H-1B for me(as in New Employment by going to the border and getting the H-1B) . Is that a possibility to request a change of status for my wife when my application will not request a change of status? That did not make sense to me so please shed some light on this issue.
I really appreciate your time and knowledge on these TN/TD issues Nelsona. Everybody else is welcome to write.
 
Ah, you are correct that CIS will probably not issue you or your wife an I-94 with your approval since your TN is expiring. bad luck.

So you will need to go to the border October 1.

This still doesn't take care of the 2 weeks in september though. For this you can either go to the border, anytime in the late summer and get a new TN (and your spouse a new TD) or file a TD/TN extension, preferably in early september and certainly after your H1 is approved, and then make sure to cancel it. The TD work is optional, since 15 days out of status is meaningless. It is the 15 working days that YOU need to cover with either a new border TN or a mail-in.

Too bad all this hypothesizing will be for naught, since it is unlikely that you will get H1.
 
Hi Nelsona,
Yeah all the sweat when I'm not sure if I'll be picked up in the lottery. Last year I was not picked up so maybe this year I get lucky with the economic recession and stuff Im hoping there won't be a mad rush like 2007.
So if I need to go to the border and get my H-1B stamped, my wife cannot file a I-539 on April 1st, 2008 along with my H-1B petition, right? Atleast thats what my logic says but the attorney wants to request for a H-1B (to be stamped at the border) for me and I-539(change of status from TD to H4) for my wife which doesn't make any sense to me. I am thinking of telling them that they should not do anything for my wife and if I get approved, we both drive to Canada, get my H1B and her H4. Correct me if I'm wrong please.
Thanks once again for all the info.
 
Because of the sept 15 expiry, I would assume that her I-539 would not be granted, so why bother, unless she is not Cdn. If she is, just get it at the border.

And remember, because you will need another TN, your H1 does not have to start on Oct 01. Once you get TN (and TD), you can stay in this status until it is convenient for you to change to h1, thus saving H1 clock.

So simply decide when you go (or mail) TN whether you think you will stay on TN for a while (so shoould get TD) or not (so don't bother with TD).

Then go to bordertogether to get H1/H4.
 
Hi nelsona,
Is there any chance that if my current TN is expiring on September 15th,2008, CIS might grant me "Change of status" (New I-94 attached to my approved petition) and hence grant my wife also a change of status? Please let me know soon as I have to talk to my attorney.
 
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