Applying for H1B while on TN with different company

Hello All,

I'm working for company A on TN but want to work for company B in the near future on H1b. Company B wants to file h1b for me while I keep working with company A. If my H1B is approved for company B and I keep working for company A on Tn visa until dec,2009. would there be any problem when I cross the border with H1B approved for company B and while on TN with company A.

thanks,
J

No, provided you change status at that point. When you leave you abandon your TN-1 status and then present the I-797 from the other company and get H-1B. You cannot hold more than one status.

It has to be said unless there is a specific reason to get H-1B (e.g. they're going to file an I-140 for you, or the job doesn't fit the NAFTA job description) there isn't much point to H-1B for Canadians. All it does is limit you to working in the US for six years.