TN visa to already selected H1B in lottery

1

Hi all,

Can a Canadian citizen enter USA on TN visa (same employer) and can the same employer change the status from TN visa to H1B given the following.

     1. I140 approved.
     2. H1B already picked previously through lottery.

Does the person have to enter H1B lottery again?

2

Why do you want to be on h1b? If the intent is to get green card, most employers directly file for green card when you turn comes using the previous filed I140

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3

Thanks @jayhop for your response, yes the goal is green card, my understanding and as far as I have read, the employer cannot file I485/green card application when the person is on TN Visa since TN visa is not a dual intent visa, so the person needs to change to H1B, please correct me if I am wrong.

4

You’re right. With a TN visa, your employer cannot file for green card since TN is not a dual intent visa. One would have to change status to H-1B and only then you can file for green card since H-1B is a dual intent visa.

5

Thanks @Karan11, but does the person have to go through H1B lottery again given that H1B is already selected in lottery previously.

6

@DhanaMovNorth I’m not sure about that. It would be best to consult an immigration attorney for the right answer. My assumption would be that you don’t necessarily need to go through a lottery but if you’ve changed citizenship (India to Canada), it may have some impact. Best to get this straight from an attorney.

7

This isn’t completely correct. TN-1 is not a dual intent visa but it is possible to hop from TN-1 to green card while skipping H-1B. The key is to request consular processing - which requires you to leave the US and show up for an appointment at a consulate or embassy in another country (such as Canada) to obtain the green card.

See the third method listed in TN Visa to Green Card | Ashoori Law