Travel on a TN while H-1B is pending

H

hughk

Registered Users (C)
A quick question:

I am currently working on a TN status. My employer will file H-1B this coming April. While I was reading "the last action rule" Nelsona mentioned, I have found a note:

* Note: However, if when you travel, your H-1B is still pending, your H-1B petition is deemed abandoned, and the Last Action Rule doesn’t apply.

Is this true for a TN holder? I am supposed to travel to Canada to see my family at the end of March and come back in the middle of April.

Many thanks in advance.
 
In all these cases we are talking about the COS portion. Your employer's I-129 is never affected by your actions, since you are not the petitioner.
 
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