TN to H1B

[drmehta100]

My TN expires on End of Feb./2012
My employer had applied for H1B for change of status(I-129) on Sept. 30th/2011 and still it's in initial review process...
If I don't get H1B approval before my TN expires..
Do I have to renew TN? or wait for H1B and continue working with same employer or leave US?

[ccdai]

If you haven't got your H1-B before TN expires, you should renew your TN, and you shouldn't have any problem obtaining a new TN, because H1-B is a "duel intent" nonimmigrant visa category, meaning, it could manifest your intent to temporarily stay in the US (which is consistent with the temp nature of TN) OR change you intent to "permanent" by applying for green card. At this stage, your intent will be assumed as "temporary". If you have a gap between TN expires and getting H1-B, you cannot be employed in the US beause you don't have a valid employment visa.