You can never transfer between statuses.
And technically, there is no such thing as a transfer, anyway. What is known as
H1 transfer is actually nothing but a new H1 application. The only difference,
if you are already in H1 status, is that you can start working for the new
employer while the application is still pending.
For a change of status, which is what you are looking for, you have to wait
working on H1 until the H1 is approved and the start date of the H1 has been
reached. If you want to work for the same employer, just in a different status,
things wouldn't matter much. But if the H1 employer is a different one, you can
only start working for the H1 employer when the H1 starts.
-Joe
Vishal wrote on 07/15/09 07:04:
> Could I transfer from TN to H1-B?
>
>
> On Jul 13, 10:21 pm, J Moreno wrote:
>> Vishal wrote:
>>> I am on a TN Visa and I got married, have my marriage certificate but
>>> haven't filed any paperwork for residency. Could I leave the country
>>> to go back to Canada or abroad and return without any problems?
>> I presume you've married a US Citizen. Which would mean the answer is:
>> it depends.
>>
>> Entering the US while married to a US Citizen is going to be taken as
>> indicative of immigrant intent, which you will need to over come in
>> order to gain entry.
>>
>> Your post sounds like you might have immigrant intent, and if that's
>> so, your best bet is probably not to leave until after you've received
>> a green card.
>>
>> --
>> J. Moreno
>
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |
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