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

[beeth]

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!

[Subramanya]

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?

---- Yes, of course, the moment you change your vis status you are on the new visa (in your case the TN visa)

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?

---- As above

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.).

---- TN visa is given almost immediately at the moment you approach the POE. In rare circumstances it may be withheld for odd reasons. Where is the question of GC. On a TN visa it is next to impossible to get a GC.Exceptional circumstances may be there but those rare and by far very few.

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

Browse the USCIS website for TN visa and you can have loads of information

Subramanya

[beeth]

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?

---- Yes, of course, the moment you change your vis status you are on the new visa (in your case the TN visa)

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?

---- As above

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.).

---- TN visa is given almost immediately at the moment you approach the POE. In rare circumstances it may be withheld for odd reasons. Where is the question of GC. On a TN visa it is next to impossible to get a GC.Exceptional circumstances may be there but those rare and by far very few.

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

Browse the USCIS website for TN visa and you can have loads of information

Subramanya

Thanks, I just checked USCIS website for TN visa, I couldn't find anything about how one visa voids the other, and when. Could you please tell me where it says the TN will be effective from the date of issue, instead of the start date of new employment?
Thanks!