H1-B to TN and back to H1B visa


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My Perm is approved and I-140 in process. I have 2 week Gap for 365 days rule for H1 B extension.

My Perm was applied on May 9th 2013.

H1B visa including recapture days expire on April 23rd 2014.

Perm Approved in Jan 2014 but never received the original documents from DOL. After repeated call to DOL they asked to file I-140 with the email confirmation and ask USCIS to request for duplicate Perm document from DOL.


I am short with 2 weeks to complete 365 days rule for applying H1B extension for 1 year. I am a Canadian citizen and I am currently on project in USA.


My question is:


1) Can I travel to Canada and re-enter USA by applying TN visa at border to fill those 2 week gap as I need to be on working visa since I am on project.


2) After 2 weeks i.e., on May 9th or 10th can my employer apply for H1B extension based on 365 days rule and I can go back on H1B.


3) Will there be any issue to change the status from H1-B to TN to H1-B. Especially when my passport copy will go to USCIS for H1-B extension after May 9th and they see TN stamp on my passport.


Did anyone have similar situation then please reply. Also, if anyone have knowledge then please revert.

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