QUESTION

Can I return to my H1B status if I switch to TN to start new job immediately?

Asked on Jan 10th, 2020 on Immigration - Minnesota
More details to this question:
I am a Canadian Citizen working on H1B Visa. I got terminated yesterday. I just found a new job. Can I cross the border, return with TN visa and start working with the new employer and then ask to transfer my H1B Visa under the new employer and work with H1B again?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It sounds like a lot of work – getting a TN – and then changing that over to H-1B (when you can immediately start to work for your new employer once the H-1B transfer papers are filed with U.S.C.I.S.). That latter process may take approximately 3-4 weeks, but the convoluted process that you are contemplating may only save one or two weeks as you and the company will still have to put together an effective TN application, and afterwards have to go through the trouble of an H-1B/ change of status petition anyway. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 09th, 2020 at 8:53 AM

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