TN Visa to H1B visa
Canadian and Mexican nationals have the advantage of both TN visa status and H1B visa status. A common dilemma is deciding between these two visa options and the impact they might have on future immigration. The common question is, “Can I participate in the H1B visa lottery while on a TN Visa?”

I am on a TN visa. Can I participate in the H1B visa lottery?

If you currently hold TN visa status you remain eligible for the H1B visa lottery. Holding a TN visa does not eliminate you from entering into the H1B visa lottery or changing your visa status to an H1B visa.

You are able to change your status between any non-immigrant visas as long as you qualify for the visa status requested. There is no restriction on changing from one non-immigrant visa such as a TN visa to another visa such as an H1B visa. Even though the H1B visa is a dual intent visa, you are able to change your status from a TN visa to an H1B visa without any long-term immigration consequences. Simply changing your status from a TN visa to an H1B visa does not signal immigrant intent and does not eliminate you from holding a TN Visa status in the future.

We have helped many Canadian and Mexican citizens change their status from TN Visa status to H1 visa status through the H1B visa lottery. In addition, we have helped many H1B visa holders change to TN visa status. Additionally, TN Visa holders and H1B visa holders share the same path to a green card. The decision to have TN visa status or H1B visa status is often a matter of preference. In some cases, the country of birth is a big factor in the decision.

The answer is YES, you can participate in the H1B visa lottery while on a TN Visa with ZERO immigration consequences.

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The US immigration lawyers at Richards and Jurusik Immigration Law have more than 30+ years of experience helping Canadian and Mexican citizens to live and work in the United States. Contact us today for an assessment of your legal situation.

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