Travelling on TN, with an approved H-1B with an Oct1 start date

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neo4897

New Member
I am currently working in the US on a TN (NAFTA) status expiring in Dec 30,2008 (multiple-entry). My company recently applied for a H-1B visa for me and I was lucky to win the H-1B lottery. The I-797A w/an I-94 has a start date of October 1st,2008. I have an opportunity to work on a great project at my company's Sydney office.

Will there be an issue/complication when I return back to the US, if I return before Sept 15,2008 ?. Will this cause my H-1B petition to be abandoned?
 
No. 2 years ago USCIS issued directives on such a situation. Your H1 ia approved and wil take effect on Oct 1 without any action from you -- IF you are in US on that date.

Even if you leave US in the meantime, your change in unaffected.
If you enter US before that date, of course, you still need another status, right up until Oct 01. So make sure that your TN remains viable with the company.

If you enter after Oct 01, then your H1 will be viable for entry purposes.

I would question your ability to enter on H1 a couple of weeks before Oct 01. Besides, even if you were allowed entry early, you would not be allowed to work until Ocy 01, so best enter on your existing TN.
 
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