Tn visa - while pending f2

M

muhamm5

Registered Users (C)
Working on H1B - got Lay off

Applied COS to F2 (after 17 days)

Received - Notice of action pending - F2

Got a new offer from a company

1. Can i apply for new H1B while F2 pending ?

2. Can i apply for new TN while F2 pending ? (Canadian Citizen) I-129 PP

3. How hard it will be to get a new TN visa at POE ? (Are they be asking any questions regarding COS -H1-F2) ?

will appreciate help
 
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muhamm5 said:
1. Can i apply for new H1B while F2 pending ?

2. Can i apply for new TN while F2 pending ? (Canadian Citizen) I-129 PP

3. How hard it will be to get a new TN visa at POE ? (Are they be asking any questions regarding COS -H1-F2) ?
Click to expand...

1. yes you can apply for new h1b while f2 is pending. If you do this, then you should send a letter to USCIS retracting your F2 application.
2. Yes you can apply for TN while f2 pending. When you get TN, then write letter to USCIS retracting the F2 Application.
3. At POE they will not ask any questions about COS-H1-F2. It is not important. What is important is that you can meet the TN requirements and that you can demonstrate that you have ties to return to Canada after TN expires.
 
thanks very much for the prompt response.

1. how can i denostrate or establish my ties ?

2. do i have to attach f2 receipt when i apply for TN or H1B
 
muhamm5 said:
thanks very much for the prompt response.

1. how can i denostrate or establish my ties ?

2. do i have to attach f2 receipt when i apply for TN or H1B
Click to expand...
1. search this forum for your answer. it has been discussed many times
2. no
 
There is no need to establish ties to get TN, you are already in US legitmately.

Btw, your COS, because it ws sent too late, will not be approved, so make sure you go to the border to get *some* status, either F2, TN, or H1.
 
nelsona

thanks for your expert opinion, i was in a same assumptions,

one last thing, and again i need your expertise, while applying for new TN at the border they will be looking at my old I-94-H1B, also you think they can rise questions of COS - H1-F2...?
 
There is no doubt that you are out of status. But at the border, they don't do COS, they admit you on the basis you present yourself in. So, before you incur more time out-of-status, get to the border. Forget your COS, it is immaterial at this point.
 
Nelsona

Thanks every one .. i just came this morning from POE .. got TN stamped for three years ....Happap hurray.......
 
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