Changing Jobs on TN

O

ontnb4

Registered Users (C)
I am a Canadian citizen, working in the US for 5 years. I started out on TN, switched to H1-B, and then back to TN after my 3 year H1-B expired. Last TN was filed by my company w/ Premium Processing. No steps were taken with respect to the Green Card process.

I am currently working in NY, and would now like to take a TN job in CA. I have a couple of questions related to this.

1) I should have no issue with TN renewal on the basis of to being on TN "too long"? (I think it is nelsona's strong view that there is no such thing. Curious as to why is seems to be a somewhat prevalent concern on the internet more generally).

2) What should be the logistics with respect to moving my personal belongings? Should arrange to have my things shipped to CA upon quitting my current job? I think this could prove a bit of a nightmare in the event something went wrong with my application at the border. Are you allowed to re-enter on your new TN to move all of your belongs? Temporarily moving everything back to Canada would be a bit difficult (and expensive!).

3) What is the right order of doing things with respect to changing jobs? E.g. Once I have my offer, should I quit my current job on the presumption that my new TN application will be successful? Should I go to the border while still employed, change jobs and then inform my company of what I've done? (i.e. quit with no notice). I think I've read that people can hold multiple TN's simultaneously, is/could that related to this question?

4) What are the tax implications of this? Would I technically have to file Canadian taxes because I may have defaulted back to Canadian residency in the between-job period? Is this only an issue if I were to generate income (e.g. investment income) during this interim period? Not a concern at all?


Sorry, there are a lot of questions here. I really appreciate the expertise on this forum.
 
1. There is much misinformation of the internet. In any event, you aren't pushing even the most conservative limits on TN. Besides, what choice do you have. if they deny, ask your employer to switch you to TN, you are not subject to quota.
2. do not move stuff back to Canada. have new employer move your stuff, as part of your relo package.
3. Since you are simply getting a second TN, you should first secure the new one, and then quit your job, You coukld give notice at that point and still work, because you would have 2 TNs. The only time you truly cannot give notice is when changing status.
4. You don't "default" to CDn resident when you stop working. You need to change your status to something else, but that isn't necessarily CDn resident.
 
You're too good to be free!

A couple of follow-up questions, if I may:

5) How would I relinquish my old employer's TN when I do quit? Does that even make sense? Would that, for example, necessitate another trip to the border to return the I-94? Or do I just allow it to expire?

6) I could imagine there would be a bit of a question about getting the new employer's TN sufficiently in advance so as to quit, give notice, and relocate.

7) I think you made a typo in your answer to question 1, I think you meant to say "ask your employer to switch you to H1-B, you are not subject to the quota". If I am correct, are you making reference to an interpretation of the law, which I think goes something like: "If my employer had renewed my H1-B for another 3 years, I would still be on it. Therefore I am not subject to the quota for purposes of a new application within that 3 year window"? If so, is that now more than merely an interpretation? (i.e. it has been clarified, litigated, etc.).. it's possible I'm misremembering.

8) This is just more curiosity, but it could happen, I guess. Might answer someone else's question in the future. What if, say, I received a very compelling counter-offer upon attempting to quit? Maybe this is the same as question 5.

9) There is some slight chance that the company I'm quitting would ask me to do some contract moon-lighting related to finishing some current projects. If this were to happen, would that mean yet-another-TN-application?

10) I would now, somewhat intentionally, be at this magic 5 year point where I could try to get in a EB2 Green Card application with my "5 years of progressive experience". Should special consideration be given to the TN offer letter / job description with this in mind, or the job description filed for PERM can be slightly different? This wouldn't appear odd at all?

11) Any insights on what "progressive experience" really means? Do I need to receive a promotion after 5 years in order for this claim to be iron-clad? What are other forms of evidence are highly likely to be successful? Strong annual employee reviews for example? How are, what I imagine are, these weaker claims generally received?

Again, thank you so much!
 
5. Simply remove the I-94 from your passport when done, and file away with your records.
6. No. Thery only care about authorization to work.
7. Not correct. Once someone has been approved as H1-B. they are allowed (legaelly, morally, ethicvally, whatever you want to call it) a total of 6 years on h1-B, without being subject to quota when renewing. With any sponsor. At any time. Evem if they have left the country, or had multiple other statuses in the meantime. Most don't realize this fact.
8. Again, you still have the TN for Firm A. Nothing to do file the I-94 for Firm B.
9. Which part of having 2 TNs are you not understanding? You can work for Firm A until the expiry of your I-94.
10. PERM and TN have nothing to do with each other. Your PERM filing will be based on a whole set of different criteria.
11. This is a TN forum. There is no doubt a PERM forum for these types of Q's.
 
With respect to Question 9, I guess my confusion is about whether TN is tied to the position or the firm. You could say that doing contract work (albeit for the same firm) is a different position. I have the impression from your responses that TN is more tied to the firm than the specific position. e.g. if you changed positions (while still, of course, qualifying for the position) while on H1-B, I believe some filing with USCIS is required.

More importantly, with respect to Question 7, Does my 6 years of H1-B allowment have to fall within the 6 years following its original issuance, or (for example) if I stay on TN for 20 years, am I still allowed 3 more years on H1-B -- regardless of quota?
 
You are never ties to a firm's "position" you are tied to "job duties" for the TN category you were awarded. If you are doing the same job duties, and they have merely changed the manner in which they pay you, that does not require a new TN (you would merely adjust the letter wording at renewal time).

H1-B has what is known as an LCA for your application, where the Labour Conditions are clearly defined, and modifications to this require a letter to USCIS. Plus, you must be an empolyee (W-2) on H1. Those restrictions are not part of TN.

Re-read what I said about your six year clock. It's forever. What usually happens though is that after leaving US for a time, workers wish to re-start their 6-year clock. But they do not have to, and with H1 quota being so tight right now, it would be best to simply use up one's existing time, especislly if the can't file April 1st, or they don't make the H1 lottery (which it has essentailly become).

Again, that is a question out of the scope of TN forum.
 
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