Can I change from TN to H-1B status inside the US?

Yes, in most cases it is possible to move from TN status to H-1B through a change of status without leaving the United States, although this depends on each person’s circumstances and the correct filing of the required documents.

The key consideration is the difference in intent between the two statuses. TN does not allow immigrant intent (no dual intent), while H-1B permits dual intent. For this reason, while the H-1B petition is pending, you must continue to strictly comply with the conditions of your current TN status, without signaling any contradictions.

The change is made through a petition filed by the employer with USCIS, which must meet the requirements of the H-1B category. A few important steps to keep in mind:

• Maintain valid and regular TN status throughout the entire process.
• File the petition correctly and monitor its progress.
• Assess how any entries and exits from the country may affect the process.

Since each case has its own specifics, it is worth confirming the updated procedure with USCIS or with an immigration attorney before starting the transition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.