Switching from TD to TN1 visa

I could not find answer to the question: if I enter USA with TD visa, is it possible to switch to TN1 if I find job? And if it is possible, do I have to get out of the country and apply for TN1 at the border or it can be done in the USA (do I need a lawyer in this case)?

And there is one more thing that I do not completely understand, when do you go to the border in order to get TN1/TD visas? Does it have to be close to the date of the job offer or it can be three-four weeks earlier? It does not make sense to sell stuff and pack things before actually obtaining visas, what if we do not get them - so your expiriencies will help me understand this.

We should be moving from Toronto to San Diego.

Yes, irakon - my husband should get all papers for TN1 visa soon, I am still looking for a job. We have 2 kids, and from what I read so far I was under impression that all 4 of us should go at the same time to the border in order to obtain our visas.

I could not find answer to the question: if I enter USA with TD visa, is it possible to switch to TN1 if I find job?

Yes, but it's not legal to look for work on TD.

And if it is possible, do I have to get out of the country and apply for TN1 at the border or it can be done in the USA (do I need a lawyer in this case)?

You can do it either way, the employer can file an I-129 and request change of status or you can go to the border.

And there is one more thing that I do not completely understand, when do you go to the border in order to get TN1/TD visas? Does it have to be close to the date of the job offer or it can be three-four weeks earlier?

The regs are a bit vague on this and it does depend on which CBP guy you get, but you can't do it weeks prior, usually a week max.

We should be moving from Toronto to San Diego.

So go to San Ysidro, it's minutes away. San Ysidro is the largest POE into the US by several million people a year, so if they can't do TN-1 there they can't do it anywhere.

I suspect you'll be waiting a long time though, so bring a good book and pack your lunch. And ear defenders as well by the looks of all the construction!

Steven, thanks for answering my questions. I know that I cannot work with TD visa, but it's good to know that if I enter USA with TD visa I can switch to TN-1 if I get job offer without having to exit USA.

There is one more thing that I wanted to ask. I understand that your company in the states might later apply for you for H-1B or green card (my husband and I were not born in Canada, so we can apply for green card). The question is - in case both my husband and I eventually get green card, what happens with our kids, can they get green card at all as our dependants (they were born in Canada, they are 3 and 5 years old now)?

Where you were born or where they were born is completely irrelevant, whomever gets the visa number lists their dependents when applying for AOS, what citizenship they have does not matter at all (unless they're North Korean).

TD to TN visa change like any other visa status change is not allowed within first 90 days

TD to TN visa change like any other visa status change is not allowed within first 90 days

Thanks nishant for the info.

Where you were born or where they were born is completely irrelevant, whomever gets the visa number lists their dependents when applying for AOS, what citizenship they have does not matter at all (unless they're North Korean).

Thanks Steven, the thing is - I was looking at Green Card Lottery website, and because Canadian natives cannot apply for the lottery I assumed they cannot apply for Green Card at all.