Can I try applying for TN Visa before quitting current Canadian job

#1
Hi there. New to this forum. Here's my situation:

I live in Canada and currently work for a Canadian employer. I am in discussions with a US company which is very close on making me an offer. However, the job requires frequent travel to the US to visit client sites. It'd be best for me if I could avoid the hassle at the border each time if I had a TN-Visa.

The thing is, I applied for TN Visa and was rejected over 2 years ago. The reason was that I answered one of the questions incorrectly. I never tried again since.

This time, I'd like to try applying for the visa before I quit my Canadian job. If I receive an offer letter from the US company and I have all the appropriate paperwork, am I able to try first? The US company say they will reimburse me for the flight to the US and even a hotel to stay overnight so the cost is not the issue. The key is that I obtain the TN visa so that I know it's safe for me to accept this position and quit my current job.

Any advice/insights would be greatly appreciated. Thanks.
 
#2
Yes, you may apply before quitting your current job.
Have your TN support letter state you will start after obtaining TN status, rather a specific date. It will last 3 years or less.
Once your TN status is approved you are not required to give two weeks notice, or even one day notice, to your previous employer. This is a courtesy, not a requirement. You decide you may days notice you want to give, if any. You can explain you were not able to give notice due to immigration approval on you new job.

Ensure both you and the potential new job meet the requirements for TN status.

Why was your previous TN rejected? What question did you answer incorrectly?
If you were caught lying to a CBP officer, this is very serious, and yes they will likely deny you again. (your previous TN denial is in their system).
 

nelsona

Registered Users (C)
#3
NEVER give up your current job before securing the TN. That applies in future, too, when you switch jobs in US. You can always have more than 1 TN at a time.
 
#4
@Amberleaf

I misinterpreted a question. I had no prep for the interview. They asked me if I had any direct reports from the US. Since my role was a senior level position at the time, I said that I supervised some US employees in terms of their work. The officer interpreted that as meaning I had direct reports and so I was rejected.

It was an honest misinterpretation on my part. I didn't have any direct reports. It's just that I was in a senior advisory role and so I technically "managed" some people but only out of expertise.

What should I do if they ask me about this again? Just say what I told you above? Cause that's the honest truth.
 

nelsona

Registered Users (C)
#5
Well will you have direct reports (or supervise anyone)? If not, say so, if you do, say so (but your TN will be rejected).
TNs can't manage people.
 
#6
Managing people is having them report to you in the company org chart. Performing annual performance review, annual compensation, etc.
Your are better prepared this time, so it should go fine...let us know how it goes.
 
#7
@nelsona and @Amberleaf

No this time around the position truly is not any kind of supervisory position. Did so on purpose. I found that management is not for me. So this time, it's the truth.

Even 2 years ago for that other position with that other company, it was not a managerial position formally but it did involve supervisory/leadership duties and yeah i completely misinterpreted the question when asked.

The company that wants to hire me has hired an immigration attorney who can help out in the process and what I should do in my situation. The complexity lies in the fact that I was denied before and that has to be atoned for. I hope there is a solution in all of this and I hope the attorney has enough expertise to work something out with me that will have high chance of success.
 
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