New TN from the US

[Manuel0822]

I have a couple of questions, I been on the same company A for over 2 years but management have decided they want to let me go as we havent had the best of relationships lately. However they are giving me a chance to find another job before letting immigration now about this decision.

I have already found a new company B offering a position but my doubts are related to filling a new I129. On part 2, question 2, Should I go ahead and select option d) New concurrent employment or go with e) Change of employer???? This is due to the fact that I'm still legally attached to Company A and they will be dropping this status as soon as I file with Company B. Is it posible to have to full time employments on record?? Are TN's able to apply for a change of employer? I thought this only applied to H1B visas.

On Part 2, Section 4, Should I go with d)Amend the stay of the beneficiary since he now holds this status or go again with e) Extend the status of a nonimmigrant clasification based on a Free Trade Agreement?? I thought e) was to be used when you were to extend status with the same employer as we did last year.

Last on Part 4, Question 8:

8) If you indicated you were filling a new petition on part 2 within the past 7 years, has any beneficiary in this petition:

a) Ever been given the clasification you are now requesting? Yes, explain on Page 7, Part 9. Should I mention being let go from previous employer.

Anyways this last one is related to the answer on part 2.

What happens to my family status? Do we need to file a new I539?

Finally for Premium Processing, Can the applicant on I907 be the same as the beneficiary or is it that the aplicant and premium processing paying check should be on the name of the employer?

Hope anybody has a clue about this doubts.



Thanks a lot in advance.

 

[nelsona]

Remember that I-129 is filed by the employer, not you. same for the premium processing. So file with the information that that newemployer would be expected to have at the time of the petition.

So, they are filing for a TN for you with company B, while you are employed at A, so it is concurrent TN. You have a TN, so the employer is requesting an extension of that status. You have petitioned a TN before, so merely list the previous petition number(s) as the explanation, no more. No need for firm B to "predict" what another firm will do.

Your family does not have to file I-539 if their TDs still have time, since you are maintaining TN status.

It does not matter who pays for I-129 or premium processing.

by the way, obviously there is some distrust betweeen you and your employer, sicne there is no obligation for TN employer to be "letting immigration know" about your departure. Sounds like they are being a little racist because you are Mexican.

 

[Manuel0822]

Hi Nelsona, I didn't imagine someone would answer over the weekend and you did within the hour!!!

As always, I appreciate the input, we'll take care of it ASAP now.

Thanks a lot.

 

[Manuel0822]

I was just thinking about this over night and I came up with 2 more doubts, If the employer company A has no reason to let USCIS know a TN holder is no longer working for them, How does it work to cancel that I94 & related status?? Return the I94 next time you get across the border??

I mean, if you've got status thru a new I94 via I129 to work for Company B, resign from 1st employer and then later down the road decide to get a 2nd TN (or 3rd to USCIS, since so far I'm guessing they don't know about company A) to work for company C, Is this even allowed??

Another question is, when a Mexican citizen gets a 2nd TN via I129 and keep them both active, do we need to get another consular visa stamp on passport??

I hope somebody out there has done something similar and can offer some answers.

Thanks in advance.

 

[nelsona]

You only need one consular visa stamp in TN, regardless of how many I-94s you hold with other active TNs.

Returning I-94 is only crucial when you are leaving US for good. Your continuous string of I-94s is proof of status. You would return it as you cross, just as a matter of record.

 

[Manuel0822]

Good afternoon.

To follow up on this case, I did get the "concurrent employment" approved back on March for employer B but after 3 months another company who offered me a better opportunity long time ago contacted me to let me know they were still interested so I took the chance on the long shot and filled with this company C.

They decided to use a lawyer to file my I-129 and this time she (the lawyer) filled for "change of employer" even thought I suggested "New concurrent employment". This was approved with no issues ( No RFE) compared to the application with Employer B where we did get an RFE.

Now, If my employer, company C filled for change of employer and this was approved with no hazzles, What would happen on a reopened case for Employer B? FYI, filling for employer B & C had different case numbers.

I've just got an email from USCIS where they say they have reopened the case for employer B and are now reconsidering the previous decision, How is this going to affect my current relation with employer C?

I have not got out of the country during this year so no I94's have been returned yet.

Current employer has already contacted the lawyers office but I figure I should go ahead and ask on this forum while we wait for them.

TIA

 

[nelsona]

What CIS is saying is that your Comapny B TN is dead, as it should be, because you failed to aske for concurrent TN.
Your I-94 atttached to your 'C" approval, no doubt had the same number as it did for B, this making B no longer a sponsor , and work for them impossible unless you reapply for TN.