H1B Husband and Spouse on TN - both working in US

[harirajmohan]

Thanks Hari for getting back. Everything makes sense.
But have you come across anyone switching from H1 to TN comfortably without issues. I am thinking is this because some positions do not want to do a sponsorship. They want to hire me as an FTE but they cannot sponsor so i am thinking in such scenarios where its a good company and you want to continue so switching might be a good option but how good are the chances the border officers are ok you giving a reason that my current company cannot sponsor me a H1 and they want me to be on TN? Is that a right explanation we can give while switching or how! I know the fresh TNs are on positive side during entry into US rather than people who have been already working on H1 for a period of time with i140 in hand and wants to switch to TN now.
The same case in my spouse scenario, their company are ready for any of them H4ead or TN as long as they do not want to sponsor. lol.

I dont know anyone switched from H to TN after 140. My colleague didnt start on gc process and later switched to TN.
One director was on TN but later moved to commuter gc.

As the other forum member told, it seems that having 140 alone is not proving the intent. So even if border official asks then tell that they had to file gc for extending the h1 even though they know that the waiting period is 50 years .

Yes, sponsor with big fee is headache when companies are trying to cut costs, especially more since the pandemic.

I think that renewing within US should not create any issue. Later you can just get I94 at the border to avoid hassle at border trying to apply new status/application. This method will just cost few hundreds but less headache i think.