Avoiding H-1B Amendment With TN Status Move

An Indian tech worker in the U.S. recently shared his experience of smoothly transitioning from H-1B back to TN status—without any hassle or drama. What makes his story stand out? He had valid I-797A approvals for both TN and H-1B for the same job and employer.

This wasn’t a spur-of-the-moment decision. He opted for TN to pause the H-1B six-year countdown and to avoid the expense of filing an amendment while relocating to a new state for work.

Many people think that once you’re approved for H-1B, you’re stuck with it, but his company’s immigration lawyers confirmed that’s not the case. You can actually hold both statuses and decide which one to
use when entering the U.S.

And that’s precisely what he did. At Toronto Pearson Airport (YYZ), he took the NEXUS lane but kindly requested to be processed manually since he needed a new I-94 for TN. The CBP officer graciously directed him to the front of the regular line.

As for his interaction with the CBP officer? It was surprisingly quick. She asked, “Anything to declare?” He replied, “Nothing.” Just as she was about to admit him on H-1B, he mentioned he wanted to enter on TN.

He handed over his TN I-797A, stated his job title—“Software Engineer”—and that was all it took. She confirmed the TN validity until 2027 and wished him a pleasant day.

Here’s another interesting tidbit: he doesn’t actually have an engineering degree—just a background in Computer Science. Yet, he faced no issues with his TN status.

This real-life update serves as a great reminder that with the right planning and support from your employer, switching back to TN can be a smart choice for Canadian citizens working in the U.S., especially when it comes to relocating or managing the H-1B clock.