Transition from TN to H1B.

M

motorola

New Member
Hi Everyone,

I am Canadian citizen, working on TN visa, which is good until next year.

My current employer applied H1B and got approval, effective from OCT 2007.

I would like to know, how I could switch to H1B.

Should I have to go for visa stamping? How it works ?

I appreciate your time.

Thanks.
 
motorola said:
I would like to know, how I could switch to H1B.
Click to expand...

If the approval has an I-94 attached to it, you do not need to do anything.

Should I have to go for visa stamping?
Click to expand...

As a Canadian citizen, you do NOT require a visa stamp for anything except E and K status. Additionally, you NEVER need a visa stamp to switch status within the US, no matter what your nationality.
 
Ya, I have received I-797A, it has I-94 attached to it. I wonder how it works during international travel !

Thanks.
 
motorola said:
Ya, I have received I-797A, it has I-94 attached to it. I wonder how it works during international travel !

Thanks.
Click to expand...


Make a copy of it for yourself. The airline staff detaches the lower portion of the I-797 (the I-94 part) and takes it away from you. On your way back to the US, you are given a new I-94 (as per the normal process).
 
RealCanadian,

Are you saying that Canadians with an H1B don't need a visa stamp from an outside American Embassy or Consulate before returning to the US?
 
If I dont leave the country, how H4-visa happens to my dependants(Indian citizens) who lives in India.

Please advise me.Thanks for all the helpful information.
 
TN to H!B

Hi everybody,

I think this site is a great idea to really help you navigate the US inmigration system. Recently I've been offered a job but I can't apply to the H1B status until next April, so one of my options is to get a TN visa. Is it really possible to move from the TN visa to the H1B, I've read that you have to show "No dual intent", you are not going to stay after you are done with your job here, so considering this Is it possible to apply to the H1B considering that this one has dual intent and get it?

Thank you for your helps and keep up the good work.
 
H1is not immigrant intent, no more so than TN. Just because H1 allows Immig intent does not mean having H1, or wanting H1, is evidence of immig intent.
 
Tn to H1b

motorola said:
Hi Everyone,

I am Canadian citizen, working on TN visa, which is good until next year.

My current employer applied H1B and got approval, effective from OCT 2007.

I would like to know, how I could switch to H1B.

Should I have to go for visa stamping? How it works ?

I appreciate your time.

Thanks.
Click to expand...

I'm exactly in the same situation and planning to visit Vancouver after Oct 1st via YVR and return from Seattle (SEA). When I go to the airport (to fly to YVR) do I need to tell anyone or go somewhere to turn in the I-94 I got with the approval? Do I even need to turn in the I-94? What do I need to tell at the border crossing on my way back?
 
You will show your I-94 that you got with your approval (it should be with your old TN one). That will be your valid I-94 after all. The officer will then decide whether you need a new I-94 or not (most do, and ask you to fill one out before letting you thru).
 
simsd said:
RealCanadian,

Are you saying that Canadians with an H1B don't need a visa stamp from an outside American Embassy or Consulate before returning to the US?
Click to expand...

only E and K visas for Canadians need a Consular Visa Stamp. i have had both TN and H1 and travelled overseas without any problem. make sure you keep a copy of your H1 approval and your I-194 with you when you come back. all the information CBP officers need is on it and who knows, you may even get a "welcome back" from the officer... LOL
 
nelsona said:
You will show your I-94 that you got with your approval (it should be with your old TN one). That will be your valid I-94 after all. The officer will then decide whether you need a new I-94 or not (most do, and ask you to fill one out before letting you thru).
Click to expand...

but don't I need to turn in that I-94 (the one came with the approval) when i leave after oct 1st?
 
saadis01 said:
but don't I need to turn in that I-94 (the one came with the approval) when i leave after oct 1st?
Click to expand...

Not if you are simply going to Canada, where Vanacouver is still located;) . And even if travelling farther overseas, you should try to hold on to it. In any event, you should always carry a copy of that I-94, and use this to re-enter.
 
There is still some confustion to me. Say you are a Canadian citizen with a TN or H1-b. If you want to go to India or China, do you need to turn in your I-94? Also, do you need to go a consulate to get a return stamp before jumping on the plane back? My friend got the stamp in China last year although he was Canadian citizen and held a H1-visa at that time.
 
Last edited by a moderator:
Canadian citizens are exempt from consular visa requirement for all but a copule of statuses. It doesn't matter where you travel in the world, you are a Cdn ans stillexempt from visa requirements. Getting a visa while abroad is a waste of time and resources.

If you leave N America, you are supposed to turn in your I-94, most airlines will insist. The solution to avoid argument is to carry a copy, plain and simple.

Even if you keep the I-94, most POE agents will ask that you hand it in when you return, and fill in a new one.
 
nelsona said:
Canadian citizens are exempt from consular visa requirement for all but a copule of statuses. It doesn't matter where you travel in the world, you are a Cdn ans stillexempt from visa requirements. Getting a visa while abroad is a waste of time and resources.

If you leave N America, you are supposed to turn in your I-94, most airlines will insist. The solution to avoid argument is to carry a copy, plain and simple.

Even if you keep the I-94, most POE agents will ask that you hand it in when you return, and fill in a new one.
Click to expand...

Thanks Nelsona,

That make feel much better to be a Canaian citizen.
 
Nelsona - has repeated it several times.

The I-94 is a non-issue for Canadians.
In most cases, you will simply fill out the form provided (on the plane upon your return or at the US Immigration desk) and you will receive the I-94 form.
 
You must log in or register to reply here.
Top