Form I-129 Change of Employer - Lost Work Authorization?

M

m__x

New Member
I currently work at company A. I have got an offer with company B. Company B's immigration firm applied I-129 petition for me to change employer to company B. They didn't check "Concurrent" box. I was approved on Dec 13th. I was notified by company B approval notice today with scan of the notice and petition. I then realized they didn't check "Concurrent" box. I'm going to receive the notice in hand today.

Based on my search here, I believe that once I receive the notice in hand, I should no longer work for company A, correct? like I need to give a 0 day notice?
I reached out to both companies immigration firms but they both told me I can still work for company A. Doesn't make sense to me since the I-94 number is the same in my new notice.

Am I correct here or the firms are correct?
Thanks,
 
In my opinion, they are incorrect. As you correctly surmise, you I-94 cannot have two sponsors. That is why there is such a thing as concurrent employment option.

You could try going to a local DHS ti get this ironed out, but it would be better/quicker just to go to the border and get a new I-94 for your old job (unless you have no intention of working for them.

Don't worry about giving notice: it is never required, and not giving notice is better than working illegally.
 
Thanks nelson for confirming my assumptions. I was basically looking to have a couple of weeks to give notice, which I can't right now. I believe starting yesterday, I'm no longer allowed to work for company A, correct? or is it until I receive the notice in hand?

Also, if I go to the border, what are the risks of ruining my new TN with my new employer? I have a Compute Science degree (Master) and work as Engineer which sometimes can cause issues at CBP from what I have heard. I value my legal status and work authorization over giving 2 weeks notice of course.
 
Like I said, since your new sponsor has your notice, you cannot work for Company A. No point splitting hairs.

As I said, since you have no intention of continuing at Company A, I would not go to the border, and would just explain that your new compnay botched your application. Again: No employee is obliged to give notice, nor be forced to work illegally.
 
Fair enough. Thanks for the prompt response. You helped me a lot! Immigration in US is much more complex than Canadian one!
 
Follow up question, anywhere where I can this this confirmation in writing? Company B is willing to compensate me for being unemployed for a couple of weeks but I need to get this confirmation in writing. Unfortunately, both company A and company B are not willing to admit this :(
 
I think you should just forget it. Start your new job, you owe nothing to the old company.
I've told you what you need to do if you really want to go back to your old firm: go to the border.
You are dealing with a lot of lawyers: they obviously don't feel comfortable saying that you can work for Company A (which you cannot).
 
Hi nelsona, thanks for the response. Yeah I already resigned. I'm just trying to see if I can get some money from company B since their immigration firm kinda screwed me. The recruiter said they can increase my signing bonus but the the compensation department said they need this in writing. My start date with company B is in early Jan so right now I am kinda in a forced vacation until then but as you said, none of the firms are willing to confirm what we have said here sadly so I'm trying to see if there is another way to get this in writing.
 
Could be. I will be forfeiting something like $10K. I was counting to continue employment with company A and cash out unused vacation days (worth $10k).
 
They have to give you your vacation days, or are you saying staying on until after Jan 1 gets you your next allotment? You didn't have to resign company A while this was being resolved; you simply had to "not work".

Did you not have a chance to review your I-129 before they sent it?
 
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