TN visa > H1B

#1
Hello Team,

I am a Canadian citizen and I got my TN visa renewal this year in February 2020 until February 2023 but my lawyer and my company filled for my H1B visa this year and I was picked in the lottery, I am now waiting for my H1B approval letter which is expected to come by July 2020 end.

My questions are:

1. After I get my H1B approval in July, can I travel to Canada in August,2020?
2. Is my TN visa still valid even after getting H1B approval?
3. Can I enter back to the US on TN visa before the end of 2020?
3. Is there any work from home restrictions when on the TN visa and working from Canada for a US employer?
 
#2
1 & 2. Did you your employer file your H1B as Change of Status (COS) or Consular Processing (CP)?
if COS you will get new I-94 card attached to the approval notice. You are now H1B status no further action necessary.
If CP you will need to leave US and "Activate" your H1B status at any US/CAN or US/MEX land POE. You will still be in TN status until you activate your H1B and obtain new I-94 card.
You can only have one status, not both.
You can enter the US on TN while H1b is pending.
4. No work from home restrictions on TN per US immigration rules, but there could be tax implications. You may have to pay income taxes in Canada if working for a long time in Canada.
 
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#3
Thank you for your reply.

I just confirmed that mine is Change of Status (COS).

1. Assuming I get my approval in July 2020, will my Change of Status come into effect on the same date when I get my approval letter? or is like other student visas in which the change of status automatically happens on October 1st every year?

2. If the answer to the above question is that "my Change of Status come into effect on the same date when I get my approval letter", then will I still need to get H1B visa stamped at the US consulate in Canada before coming back to US? Because due to COVID-19 situation, US consulate is closed in Canada.

3. According to the latest immigration changes, I won't be able to enter back to US on H1B visa from Canada at least in 2020, is this correct?

4. For "work from home" restrictions, is there any written policy from the US Government for TN visa holders because I need to show it to my lawyer?
 
#4
1. Since this is H1B for FY2021, this will become effective 1st of October if approved sooner.
2. Canadian Citizens do not need a visa, they are issued "status". Thus Canadian Citizens do not need to go to the US Consulate to activate their status. They can go to any land POE or Airport POE or Preflight POE as long as they are taking the flight. If your lawyer filed H1B as AOS you should obtain an I-94 attached to approval notice. If no I-94 is attached, you need to obtain one at POE.
3. As I understand Canadians on H1b are free to travel in and out of US, they are not affected by the Executive Order. Confirm with your lawyer.
4. No. USCIS does not care if you work in Canada, they only want to ensure you have work authorization when you work physically in the USA.
Since you are working with a Company Lawyer, please ask them these questions.
 
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