With a pending H1B, would it be possible to start work with TN in August and change to H1B status in October?

M

msqing

New Member
Hi everyone,

I am a fresh graduate (Canadian citizen) who was selected in the H1B lottery for FY 2020. I am currently based outside of the US, but my official start date is August 2019. Under this situation, would it be possible to begin my employment with the TN status in August, and then in October, when my H1B becomes effective (if approved), change my status from TN to H1B?

P.S. I don't qualify for OPT since I took a gap term prior to my graduation. So starting work with the OPT isn't an option for me.

Thank you so much!! Really appreciate it.
 
So your true start date is October 1, unless your firm decides to have you work outside US, which they can do now.

Yes, you can get TN, and then switch to H1-B when approved. You would need to exit US and re-enter to switch, but since you would be on TN, there would be no rush to do this.
 
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