Switching from TN to H1B

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goatnuckNew Member
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Joined: 24 Oct 2011

Switching from TN to H1B

Post Mon Oct 24, 2011 9:54 pm

I currently hold TN status and live and work in the US. My current employer applied for an H1B and just received notification of acceptance (I-797 received, no I-94 attached as application submitted before I obtained my TN). I am a Canadian citizen. I have read on several forums that as a Canadian citizen, I do not need to go to a US Consulate to get a visa. Furthermore, I have read that I cannot get a visa at a US consulate. Supposedly I can simply obtain a new I-94 at a POE if I show up with my I-797 and passport.

Being the nervous type, I would like to know where people get this information from. Is it available on the USCIS website? Thank you!
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kodreamingJunior Member
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Joined: 27 Jan 2009

Re: Switching from TN to H1B

Post Mon Oct 24, 2011 11:36 pm

I think you would do is, to go across the border and tell them, you like to activate the H1B and show them the I-797. I think that's it.

I am the nervous type too. But, H1B is not like TN. It is already approved, you just go for a I-94.
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agnelsonCanuckAbroad VIP
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Re: Switching from TN to H1B

Post Tue Oct 25, 2011 5:50 am

Kodreaming is correct.
If your I-797 had an I-94 attached, you wouldn't even need to do that. You woul;d be instantly in H1 status.

make sure you advise your employer when you make the switch, as you need to have a new I-9 on file.
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goatnuckNew Member
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Joined: 24 Oct 2011

Re: Switching from TN to H1B

Post Tue Oct 25, 2011 8:20 am

Thanks for the quick responses and the tip about updating the I-9 with my employer. Your responses confirm my suspicions. I do wonder if this is documented on the USCIS website or perhaps on some of the consular sites?
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agnelsonCanuckAbroad VIP
Posts: 3263
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Joined: 26 Aug 2009

Re: Switching from TN to H1B

Post Tue Oct 25, 2011 8:35 am

You can look at any US consular site in canada and they will show that Cdns can't get visas for the status you are asking.

As to I-94 entry, once the petition is approved USCIS does not control that --CBP does. Your only other choice is to submit an I-539 to change status.

In any event, browse all you want, but off to the border you go.
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