Jack109,

If you go into TN status, you can simply surrender your I-94 from your H1 when you switch over to TN (if you have an I-94) at a POE. If you never started your job on H1 and will be moving onto TN in the near future, you can always disclose that at the POE - no harm. Regardless, they know your history (whether Indian passport or not). I don't see any issues, however.

As far as cap, I don't know. Typically, if you started your H1 tenure, you are not subject to cap. However, I don't know how it would work if you discontinued H1 for several years and then try to switch to H1. Maybe, after 7 years after the first H1 (whether you were continuous or not on H1), time will reset and you will become subject to cap.

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Dimple2001

Thanks a lot, Dimple