TN to H1

H

HelloAmerica

Registered Users (C)
I filed for H1b and also change of status to H1b in october(in case i get H1B)
Now do i need renew my TN as it is going expire in june.
Then after getting TN aaproval can i travel to india in august without getting stamped for H1 while coming back to USA in september.
 
HelloAmerica said:
Then after getting TN aaproval can i travel to india in august without getting stamped for H1
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Of course. As a Canadian you do not require an H1 stamp, ever. However, I suspect your departure from the US will automatically cancel the change of status part of the H1.
 
As long as the approval is received before departure from US, with I-94 attached, then leaving after this date does nothing to the change of status, which will occur on Oct 01. This is true regardless of any other I-94 he might get in the intervening time.

This was clearly expalined by USCIS last year.
 
nelsona said:
As long as the approval is received before departure from US, with I-94 attached, then leaving after this date does nothing to the change of status, which will occur on Oct 01. This is true regardless of any other I-94 he might get in the intervening time.

This was clearly expalined by USCIS last year.
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If he renews his TN at POE (i.e. departs from US) in June before the H1B approval, will that automatically cancel the status change from TN to H1B?

H1B approval may take a few months.
 
He doesn't need a visa so for him to change status is as easy as leaving and entering the US, so either way it doesn't matter.
 
nelsona said:
As long as the approval is received before departure from US, with I-94 attached, then leaving after this date does nothing to the change of status, which will occur on Oct 01. This is true regardless of any other I-94 he might get in the intervening time.

This was clearly expalined by USCIS last year.
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I failed to see the document that USCIS published regarding COS validity when beneficiary travels between approval and H1 start date.(I know Murthy's site has that info, but it was based on the letter they got from CIS and I have never seen the official info publicly available).
Was that memo or federal register or something ?
I'd appreciate if you point me to that doc.
 
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HelloAmerica said:
I filed for H1b and also change of status to H1b in october(in case i get H1B)
Now do i need renew my TN as it is going expire in june.
Then after getting TN aaproval can i travel to india in august without getting stamped for H1 while coming back to USA in september.
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I too have applied for a new H1B petition but not the COS. Is it something that I can do once H1B is approved at later date (OCT 08)?
 
unsane said:
If he renews his TN at POE (i.e. departs from US) in June before the H1B approval, will that automatically cancel the status change from TN to H1B?

H1B approval may take a few months.
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It is clear that if you left the US when COS is pending, your COS application is considered abandoned. I believe you need to reenter as a H1 holder.
In case you left the US after COS approval, it is very difficult to say whether COS is still valid or not. As far as I know, USCIS has never made it clear on such case. If you left the US even after COS approval, I'd recommend to travel and reenter before starting to work for H1 employer.
 
In case you left the US after COS approval, it is very difficult to say whether COS is still valid or not. As far as I know, USCIS has never made it clear on such case. If you left the US even after COS approval, I'd recommend to travel and reenter before starting to work for H1 employer.
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Of course it has made it clear. It has always had the 'last action' doctrine. Murthy's letter was not a private one.
http://www.murthy.com/news/n_cosapp.html

Just a note on getting H1 but not getting COS. A TNer can use this to their advantage, by holding on to their TN as lonfg as possible/prcaticable, before going to the border, thus saving time on H1 clock for the future.
 
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No stamping right

Thankx all for advices.
My understanding from the above discussion is that

1)Travelling after COS approved will not be a problem

2) I dont need any H1B stamping as am a canadian citizen and also i will be holding TN approved renewal.
Regards
 
nelsona said:
Of course it has made it clear. It has always had the 'last action' doctrine. Murthy's letter was not a private one.
http://www.murthy.com/news/n_cosapp.html

.
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I knew that article at Murthy's site for a few years(this is what I meant in my previous post), but I'm looking for the announcement or memo or federal register or whatsoever officially viewable so that if someone got into trouble due to this issue, they can defend themselve with the clear writings from USCIS. Without actual text, I don't know how they can fight CIS in such circumstances(And I think Mr. Hernandez is not at the position anymore and it was 3 years ago). Plus as far as I know, I saw this rule only on Murthy's site, and have never seen it on any other site. I'm guessing this letter was sent to only Murhty's office as a response to their request and I don't think CIS has ever announced this rule in public.

It's OP's choice, but if I were at the position of OP, I'd put it on safe side and reenter since no H1 stamp is required.
 
GotPR? said:
I knew that article at Murthy's site for a few years(this is what I meant in my previous post), but I'm looking for the announcement or memo or federal register or whatsoever officially viewable so that if someone got into trouble due to this issue, they can defend themselve with the clear writings from USCIS. Without actual text, I don't know how they can fight CIS in such circumstances(And I think Mr. Hernandez is not at the position anymore and it was 3 years ago). Plus as far as I know, I saw this rule only on Murthy's site, and have never seen it on any other site. I'm guessing this letter was sent to only Murhty's office as a response to their request and I don't think CIS has ever announced this rule in public.

It's OP's choice, but if I were at the position of OP, I'd put it on safe side and reenter since no H1 stamp is required.
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This would be a wasted trip.
 
nelsona said:
the q&A daon't really apply, unless we are talking leaving US before adjudication.
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I thought he said his TN will expire in June, and the COS may not be adjudicated by then. If he renews at POE (i.e. leaving US), wouldn't there be a problem?
 
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There is no "problem". If he is awarded H1, he will either become h1 automatically on Oct 01 (if he has an I-94 attached to his H1 approval) or he will go at his leisure some time between Oct 01, 2008 and june 1009 to activate his H1 at the border (if he does not have I-94 attached).

If memory serves, since he does not cuurently have a TN that is valid until October, CIS will not issue an I-94 with the approval, because of lack of continuous status.

So, really, the discussion about whether any COS would be valid or not, in this case, is moot.

There will be no COS attached to this H1 approval.
 
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