Travelling on TN while an H1B is approved

dev96
New Member



Joined: 18 Aug 2008
Posts: 2
Location: Los Angeles

Posted: Mon Aug 18, 2008 5:20 pm

 

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I have been approved for an H1B starting this October.

I was wondering if there is any problem if I come back on the TN after October 1?

Basically if the officer sees that I have a H1B, but I still want to enter on a TN, will they not let me in?

Thanks.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Tue Aug 19, 2008 3:14 am

 

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Why would you not use the H1B once you have it?
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lfen
Junior Member



Joined: 19 Nov 2007
Posts: 19
Location: California

Posted: Tue Aug 19, 2008 7:40 am

 

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Hi Dev96,

I'm actually in the same position, at the moment I'm on a TN visa, but I have been accepted for an H1B Visa!

Do you have all the paperwork for the H1B visa? Just leave the country as you alwasy would, make sure that the I-94 is removed from your passport, and return on your H1B! And Voila, no more TN visa hassles!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Aug 20, 2008 10:21 am

 

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If you've got the visa it depends, I've entered in another category with a different visa in my passport before. However with TN-1 I wouldn't try it because H-1B is dual-intent and I suspect USCIS will think you have violated TN-1 status because you have immigrant intent, although technically H-1B is a non-immigrant visa as well.

If you haven't got the visa in your passport yet it doesn't matter because the immigration officer won't know you've got an application pending for H-1B.
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Steve.

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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 57
Location: Waterloo

Posted: Wed Aug 20, 2008 12:24 pm

 

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Don't know if you'd have to worry too much. Yes, H1B is dual intent, but that only means you are not required to prove you have no intent to immigrate. It doesn't mean you are assumed to want to immigrate simply on the basis of the H1B, regardless of your individual circumstances.

If you can demonstrate you have no intent to immigrate, then you should be covered for either TN or H1B.

Another example, cohabitating partners can get B-2 status, which requires non-immigrant intent, on the basis of their primary partner's H1B. If H1B always equated to immigrant intent, such B-2 statuses would never be allowed as it would be assumed the B-2 partner was intending to immigrate as well.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Aug 20, 2008 9:01 pm

 

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We can argue the legal technicalities, but having actually done it, the officer will quiz you quite closely as to why you have a valid visa and why you want to enter in another category. In fact thinking about it I actually had two different visas at one point and I entered as a visitor. Given that TN-1 is a bit more temporary than H-1B I wouldn't be surprised if they give you hassle over that one, especially if the H-1B has only just been granted.
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Steve.

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