ronaldchang
New Member
Hi, I am currently on TN (renewed once) which is valid until spring 2022. From the same employer, I also have an approved i797b for H1B. The employer petitioned for both TN & H1B because the H1b was RFE'd with no clear timeline to resolution, and did not want to interrupt work in the event my previous TN status expired and I'd be out of status. After delay, the H1B was eventually approved, valid until autumn 2021.
My question is - I have no intent to settle in the US permanently though enjoy my current job, a niche technical field, and see a lucrative market for this in the next 5-10 years in the US. My long-term partner (not yet married) is a Canadian citizen living in Canada. I would like to reunite with her in the US in the short term if possible.
I have some questions that I want to ask this community.
1. What are the pros can cons for having an H1b vs TN status? I do not have a master's degree and I understand H1b is very coveted right now especially for those below master's level of education due to recent changes in the quotas. At the same time, if I convert to H1B, I do not want to risk the H1b renewal being RFE'd again and having to revert back to TN, which negates the whole conversion in the first place. I am aware H1B offers a path to GC that TN does not.
2. If I were to go to a POE to 'convert' my status from TN to H1b - say a Canadian border crossing, and re-enter the United States, will I need to bring the reams of documentation including all RFE materials to the border, or is it ok for me to simply bring the approved i797b? I do take part in short-term consulting projects, so is bringing client letter also necessary?
2b. Do I need to schedule an appointment at the POE for the re-entry under the H1B i797b?
3. Is it possible to simply maintain the approved H1 i797b as a 'back pocket' option to be invoked/converted at any time prior the its expiry? Say for example policies change in 2020, can I just go to the POE at that time, when I have decided that I am sure I want to convert to H1B status?
My question is - I have no intent to settle in the US permanently though enjoy my current job, a niche technical field, and see a lucrative market for this in the next 5-10 years in the US. My long-term partner (not yet married) is a Canadian citizen living in Canada. I would like to reunite with her in the US in the short term if possible.
I have some questions that I want to ask this community.
1. What are the pros can cons for having an H1b vs TN status? I do not have a master's degree and I understand H1b is very coveted right now especially for those below master's level of education due to recent changes in the quotas. At the same time, if I convert to H1B, I do not want to risk the H1b renewal being RFE'd again and having to revert back to TN, which negates the whole conversion in the first place. I am aware H1B offers a path to GC that TN does not.
2. If I were to go to a POE to 'convert' my status from TN to H1b - say a Canadian border crossing, and re-enter the United States, will I need to bring the reams of documentation including all RFE materials to the border, or is it ok for me to simply bring the approved i797b? I do take part in short-term consulting projects, so is bringing client letter also necessary?
2b. Do I need to schedule an appointment at the POE for the re-entry under the H1B i797b?
3. Is it possible to simply maintain the approved H1 i797b as a 'back pocket' option to be invoked/converted at any time prior the its expiry? Say for example policies change in 2020, can I just go to the POE at that time, when I have decided that I am sure I want to convert to H1B status?
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