Can one go back to TN-1 after H-1B expires?

Hi,
My H-1B expires in late July 09 and it had been renewed back in 06. My manager tried to apply for the GC for me for over 3 years but we've never been able to get started since there have been continuous layoffs of software engineers in other groups/dept; that's the down side of working in a large software company. My question is, can I go back to using TN-1 after my H-1B expires and work for the same company or do I have to work for a different firm with the TN-1 or do I have to leave the US for 1 year???
Thanks.

You can't be a programmer in TN-1, and "software engineer" sounds an awfully lot like a programmer to your average CBP guy, there is a specific warning in their system that says TN-1 cannot be given to programmers. Plus you work for a software company which will be another indication of that. In fact there's a lot of guidance in their manual about programmers because so many come in on H-1B and L-1B.

Assuming you get over that one you then have the problem of establishing "non-immigrant intent" because CBP may think you don't have it because you were previously on H-1B, which will pop up on their screen when they swipe your passport.

But there's no specific legal reason why you can't work for the same employer that you had H-1B with, although it would be helpful to not have the same job title I suspect.

There isn't much in their manual about engineers so if you have some sort of degree with "engineering" on it you might find that a better job description.

I've got to say based on my own experience I'd say working remotely from Canada might be a better idea.

Thanks Steve.

I work as a software engineer and do less than 10% programming. I was on TN-1 for a few years with other employers and was on TN-1 initially with current employer before they converted me over to H-1B. The company lawyers (the law firm that my company uses) said that I can't go back to TN-1 and work for the same company. I don't quite trust those lawyers as they had given me bad advise before and after the PERM process kicked in.

The reason that I don't want to work remotely from Canada is because I had already sever my Canadian ties for tax purposes and had established my life, credit history, etc in the states. It's a lot of hassle to go back to Canada for a year and expensive too to move back and forth as well as tax implications/complications that I rather not deal with. Also, my company had a bad experience with another person (not sure from which country or what job s/he was doing as I wasn't given any details) which cost them a bit of money and thus didn't want a person to work from another country by himself. It's probably better that I take a year off and go traveling or go back to school.

I think it would be a problem to change status if you had an I-140 pending, but it doesn't sound as though you do. If you want to go back to school, you can get the I-20 from the school, pay the $200 fee and change status using I-539 (for another $320).