I'm on Change of Status for my H1-B application but my H1-B just got approved. My H-1B is approved but I'm still on TN Visa until October 1st when TN will be switched to H1-B. Can I leave the country and re-enter during this time before October 1st?
Yes. If it was for GC; I have my 1-140 approved with TN status.
Yes does it apply to my Chase with H1-B approved in TN also?
Yes it should.
Talk to a lawyer. A decade ago i know TN you had to prove non permanent intent. Not sure if H1B is starting to show non permanent intent cause why else would you switch to it if not on the way to green card. There’s so much discretion with the TN visa left to the border official. Some don’t care at all and some have a bone to pick. But this is very stale info, maybe it’s way different now.
Also given covid and this I would play it safe and not leave except for family emergency
Thanks, so you are thinking because of covid they may not allow me back to US even though I'm on TN? What about H1-B? is it just as much at the discretion of the border officer as it is with TN?
Just don’t leave till 2021 or till you get the actual green card in hand.
Note I'm not a lawyer but this is what I understand: The visa expiry is irrelevant if you stay within the country, what matters is your i94 for the TN Visa. Expiry is important when you leave. 1.- If your H1B request was to be done within the country, then you can't leave until it's ready... and when it is, you will need to get the visa stamp anyway either at the US embassy in MX (if Mexican) or on border/arrival for Canadians if you leave. Difference is that if you leave before the H1B is approved it might get denied because you left the country. 2.- Second scenario is if they requested the H1B without automatic change of status. In this scenario you could technically go out and come back with the TN visa still valid, but given the border agents may not know the difference between TN and H1B there's some risk about you getting kicked out anyway. Either way going out during 2020 is risky, you can't get in with H1B status, and even if your TN i94 was still valid past the visa date, they will stamp another one and you might lose that extra work permit time.
Thanks alot for your detailed response, I have a few follow up questions, - My TN expiry is in Dec 2021. - H1-B is approved at the moment since last week. - H1-B switch over from TN will be done automatically on OCT 1st since I'm on the Change of Status, meaning that I do not have to go to an embassy in Canada to get the h1-b, it should auto change on Oct 1. So I have two Qs: 1) given that I'm on Change of Status and also that my H1-B is already approved, am I going to be able to leave the country between now and Oct 1st? And when I come back to US from Canada at the border I will be entering with my TN status, would I94 be changed in any way or what are the risks? 2) you mentioned that in 2020 I can not enter the country with H1-B how does that work? I'm not sure if I understand that. So after Oct 1st that my visa switches to H1-B I will not be able to leave US to go to Canada and come back to US, say a couple of weeks after and enter with my H1-B? 🙏
Search H1B travel ban, I thought they are not issuing visas at the moment.
Why did you move from TN to H1B?
Is it a bad idea?