Legal Question in Immigration Law in Kansas


I'm Canadian and currently been working at my doing Accounting on a TN1 Visa for almost 9 years. My job is outsourcing my job to another company in October so we're getting laid off ,but I have a job with the new company set to begin sometime in October. My TN visa is still good another year, but what are my options when I start at my new job. I will be doing basically the same job I'm doing now at my current employer. I would like to know if I can go from a TN1 Visa to a H1B visa. Any advice is appreciated. Thanks

Asked on 8/27/15, 8:23 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You certainly can go from TN to H-1B, since the filing date for new H-1B's (except for those cap-exempt employers, which are few) is 04/01/2016 for a 10/01/2016 start date. The only problem is, if your case is not one of those accepted under the H-1B "lottery" (since there are always more than 65,000 petitions filed each year) , or if the case is not approved, then you'd fall out of status. However, it's worth a shot. If the H-1B doesn't work out, you can always apply for a TN through the new employer.

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Answered on 8/27/15, 9:27 am

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