Will we be out of status when TN to H1B?

A

Applemon

New Member
Hi,

My husband is under TN and I am under TD. Our I -94 expires on August 15 2019.
He works in school and they are going to sponsor PERM as well as H1B concurrently.
However, his H1B start date will be in September 1 2019 and our TN and TD will be expired before his H1B job starts.

Can we leave before i-94 expired and enter as H1 and H4 (10 days before job starts) without any problem?
I just concern if we can come back under H1 safely while our PERM or i-140 pending.




Thank you!!!
 
His he sure of getting H1 next year? The H1 is a lottery in April, so H1 is not guaranteed, and even of successful, would only start in October 2019, not September, unless he is getting an H1 from a non-profit organization (and if that was the case, why wait, get it now).

You need to have a better strategy in getting Green card than waiting for H1.

And you may need another TN/TD in the meantime, or he will be taking a 6 week break.
 
Hi， Thank you.

Yes, my husband works in a University and University is cap exempt.

nelsona said:
His he sure of getting H1 next year? The H1 is a lottery in April, so H1 is not guaranteed, and even of successful, would only start in October 2019, not September, unless he is getting an H1 from a non-profit organization (and if that was the case, why wait, get it now).

You need to have a better strategy in getting Green card than waiting for H1.

And you may need another TN/TD in the meantime, or he will be taking a 6 week break.
Click to expand...
 
Sorry that I post the previous message without completing.
So, he works for University which is non profit so they can sponsor him anytime. But his H1B job starting date is set as September 1 2019. His TN will be expired in mid August.

I thought we can extend our status for 1 weeks but it costs for us. we have two kids too.
So we prefer by driving to the Canadian border and returning right away as H1B worker. Will this work for us?

By the way, I am not a Canadian so I have to get my visa stamped at Canada.

Thank you for your help.


QUOTE"Applemon, post: 2483802, member: 419991"]Hi， Thank you.

Yes, my husband works in a University and University is cap exempt.[/QUOTE]
 
The university should reconsider his start date. His prep time etc should allow him to begin in August. Or are they not paying him for two weeks?
 
You must log in or register to reply here.
Top