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.

[hellen]

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.

I have one question about validity of H1B/H4. My family moved to California in July 2009, my husband got TN, me and kids TD. Upon our arrival his company applied for change of our status (H-1B petition, premium processing) and we got our I-797A, Notice of Action in September 2009. Petition includes I-94 for whole family for H1B/H4 Class, but validity date is for 3 years starting Oct 1/2009 - I expected to see 6 years validity. Is this common after the change of status to get H1B/H4 valid for 3 years instead of 6?

I have one more question about next steps - when is it possible to apply for GC, and at what point will I be allowed to work? I have tried to find this info, but failed so far. Thanks!

[agnelson]

H1's are only valid 3 years at a time. You are now in H1/H4 status.

Your husbands employer needs to go thru the steps for GC, starting with PERM and then I-140. Once I-140 is approved and the quota for GC in his category is 'currnet' you can all file I-485's together. At that time you can apply for work authorization.