What is my current status? TN or H1B

O

OldMeadow09

Registered Users (C)
Hello everyone,

Here is my situation.

I used to work in US with TN visa. My company file for H1b this year and it got approved in April with a attached I-94 which is not valid until October 1, 2009. Since my TN visa expireation date is August 12, my company file the extention of the TN visa to be valid until november 11.

I remember I need to go to the border to get a new I-94 in order to transfer back to H1b. But my lawyer said it's not necessary. I am already in H1B status after October 1. 2009. To confirm with what he said, I called the USCIS and somebody told me my h1b I-94 kicked in on Octover 1 and I should be on h1b now.

It's different from what I heard before so I want to double check with you guys here. I am planning traveling outside of US at the end of December. I really don't want to run into any trouble when I enter US on my way back.

Thanks you so much for your help.
 
You are in H1-B since october 1. This is called the last action rule, which was the I-94 valid on Oct 01.

Just to clarify, your firm got you a TN that was valid from Augsut until november (3 months)? That was strange.
 
Your H1 is the valid I-94. The only way your TN is the valid one if if the approval date of the TN was after Oct 01. What was the approval date on the I-797 sent with the I-94 for TN?
 
I think if you renewed your TN before your H-1B became effective, then you should be on H-1B status now.
I was in a similar situation except my H-1B approval did not have I-94 attached to it. I exited last wk to activate it. Thanks Nelson for precious suggestions.

One more thing, don't get carried away by the officers who handled your case. The guy who processed my H-1B said I was illegally working in the US between Aug to Oct since I did not exit the country even though I had my TN renewed. I spent 20 minutes trying to explain to him what I did. And when I said H-1B starts Oct.01 because of the new fascicle year, the guy said "I know the new fascicle yr thing, but it has nothing to do with your unauthorized work"... Thank God his boss had a much clearer mind...
 
PLO said:
One more thing, don't get carried away by the officers who handled your case. The guy who processed my H-1B said I was illegally working in the US between Aug to Oct since I did not exit the country even though I had my TN renewed. I spent 20 minutes trying to explain to him what I did. And when I said H-1B starts Oct.01 because of the new fascicle year, the guy said "I know the new fascicle yr thing, but it has nothing to do with your unauthorized work"... Thank God his boss had a much clearer mind...
Click to expand...

Were you at Blaine, WA POE? I was there a few months ago trying to apply for a new TD I-94 for my wife based on my approved mail-in TN. The CBP officers there don't seem to be very well educated on mail-in TN. They think you always need to take your I-797 form to the border to have them activate it and issue you a I-94 from them. They do not seem to know that CIS can also issue I-94. One officer even told me to bring evidence that I am still qualified for the TN job when I showed him a photocopy of my recently approved I-797, my I-94 detached from I-797 and the information stub detached from I-797. I wish there were something we could do to help them better understand how mail-in TN works.
 
Hi Nelsona,

My TN got approved in August before my old TN expired. I am not sure the exact date. I will find out the approvel date from my employer. Am I in any trouble?
 
As long as the approval wasn't after Oct 01, you don't care, the TN has been superseded.

In any event, you wouldn't be in trouble, you had a valid status throughout. Your employer however needs to be sure they have the correct I-94 for their I-9 document.
 
To Superjk

Yes, Peace Arch it is.
I found out that the CBP officers' quality varies. Not all of them know how everything work and not all of them think clearly. That differentiates the soldiers from the officers. But you have to think clearly, even if they don't.
 
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