Switching between TN and H-1B visa

[maggiedyman]

Hi all,

As a Canadian working in the States, I have been able to use TN and H-1B visa in the past ten years.

I am currently on a TN and I have used 4.5 years under my H-1B.

My question is: if my current employer starts the green card process for me (PERM) now, do I still have 1.5 years left under the H-1B visa, even thought I haven's used it continuously in the past? If not, what does the rule say?

Any information in this area is appreciated.

Helen.

[Steven]

It's dual-status so yes. An I-140 filing has no bearing on it, you still have 1.5 years and if you switch employers you still have 1.5 years. You can actually renew H-1B past six years if all you're waiting for is a visa number.