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Change from H1B to TN, when exactly H1B becomes invalid?

本文发表在 rolia.net 枫下论坛Hi,

I will be grateful if anyone can give me advice about this situation:

I was on H1B for company A. I got an offer from company B last week and I just visit POE to get the TN visa with new I-94 card. My TN support letter and offer letter clearly state my first date for company B is 09/07/2010, that is, 2 weeks from now.

The problem is that I assumed I could still work for company A(my H1B sponsor) for another two weeks, so, I planned to let my employer know the coming Monday, to fulfill my 2 weeks notice advance promise in the next two-week time. However, I just heard that my H1B would be void as soon as I got my TN visa, is that true?

That is, will the status change(from H1B to TN) start from the time I got the TN visa at POE(09/22/2010), or from the time I start my new work for company B on 09/07/2010? Is the H1B visa still valid for me to work for company A for another two weeks before I start my new work?

If my H1B visa really became invalid at this time, I will have to tell my manager at company A the true and apologize for that, although I feel very bad about that. If not, I worry I would be caught by the government and charged for illegally work for two weeks, then I will be in big troubleshoot for further immigration petitions(TN, H1B, even GC, etc.).

Please advise and if possible, please provide references with which I could show my H1B sponsor/employer.

Thank you very much!更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / Change from H1B to TN, when exactly H1B becomes invalid?
    本文发表在 rolia.net 枫下论坛Hi,

    I will be grateful if anyone can give me advice about this situation:

    I was on H1B for company A. I got an offer from company B last week and I just visit POE to get the TN visa with new I-94 card. My TN support letter and offer letter clearly state my first date for company B is 09/07/2010, that is, 2 weeks from now.

    The problem is that I assumed I could still work for company A(my H1B sponsor) for another two weeks, so, I planned to let my employer know the coming Monday, to fulfill my 2 weeks notice advance promise in the next two-week time. However, I just heard that my H1B would be void as soon as I got my TN visa, is that true?

    That is, will the status change(from H1B to TN) start from the time I got the TN visa at POE(09/22/2010), or from the time I start my new work for company B on 09/07/2010? Is the H1B visa still valid for me to work for company A for another two weeks before I start my new work?

    If my H1B visa really became invalid at this time, I will have to tell my manager at company A the true and apologize for that, although I feel very bad about that. If not, I worry I would be caught by the government and charged for illegally work for two weeks, then I will be in big troubleshoot for further immigration petitions(TN, H1B, even GC, etc.).

    Please advise and if possible, please provide references with which I could show my H1B sponsor/employer.

    Thank you very much!更多精彩文章及讨论,请光临枫下论坛 rolia.net
    • 个人理解,没有依据。
      你已经拿了TN签证,所以你的 H1B 签证已经失效。

      你的 H1B 签证的失效,代表你已经失去了为公司A 工作的资格。如果你在继续为 公司A工作,你是非法的。

      你现在的TN 签证从你拿到它那一天起开始生效,而不是从你开始为公司B工作开始算起。

      建议:不要继续为公司A工作,马上去公司B工作。不要因小失大。

      满嘴胡说八道,请见谅。
    • 你是说你08/22/2010(不是09/22/2010)已经拿到了TN的I94吧?我理解你现在在美国的status就是TN了,和你letter上说工作几号开始没有什么关系。你现在进入并在美国停留的目的是为B公司工作。我个人认为不能用H1为A工作。
      以前有人说过可以hold multiple TN,不知道是否可以hold H1 and TN.