Status change from TN to H1B

[smitakamal]

I am Canadian citizen working in USA since january 2009 on TN visa and this visa is good untill 2012. Recently I got approved for H1b visa..as my employer wants to apply gc for me after h1b stamping. I need to get it stamped sometime after Oct. 01. I was thinking of Nuevo Laredo but looks like I cannot do it there as my nationality is Indian.

I have to go to Canada and get it stamp in the embassy or I can do it in POE. I am planning to go to India end of october. Wondering what would work best Canada or India.
If my H1B stamping is rejected , am I still allow to work on TN. Has anybody have similar situation like me.

Suggestions are appreciated.

[agnelson]

Cdn citizens do not need or get any Consular stamping (regardless of country of Birth) for H1.

Did your H1 approval (I-797) come with an I-94 attached?

If so, you will automatically convert to H1 on Oct 01. Simply attach your new I-94 to your current TN I-94.

If it did not, you remain in TN until it is convenient for you to go to the border,sometime after October 1, and merely enter using the I-797.

Directions about consular appointments, etc do not apply to you.

And there is no cause for delay in starting your GC process.