Canadian on valid TN status, accepted new offer, left and returned on new TN, but then reneged on offer. Can I continue working for original employer?

I

inthought88

New Member
Sequence of events:
- On valid TN status with employer A, granted via i-129 renewal with i-94 expiring in 2028.
- Accepted job with new company (employer B)
- Left country, and re-entered US. Applied for new TN status with company B. Was granted new TN with new i-94 (different number than TN with employer A).
- Ended up reneging on job with employer B before start date, and before resigning from employer A. Informed employer A I would be staying with them.

Am I allowed to continue working for employer A, or do I need to exit and return again?
 
1. Did you request "concurrent employment" for the "2 weeks notice" for the existing employer?
2. If "yes" or if your old I-94 for employer A was not surrendered while getting your new I-94 for Employer B, then you can continue with your employer A (since multiple TNs are allowed)
3. But if your old I-94 was taken away at the border while getting new I-94, then the border officials might have terminated your previous status (?) in which case you need to re-activate/confirm it.
 
I didn't explicitly use the term "concurrent" but explained I was changing jobs and would work for A on notice period.

They did not take my i-94. I still have the official i-797 approval with the i-94 at the bottom. Just worried since the online app shows a different number reflecting my most recent i-94.
 
Don't worry about the online number. if you still have the first I-94 (we are talking about the one for employer A issued thru the I-129 process) you are fine.
 
Great, thanks. I do indeed have the first paper i-94 issued through the i-129 process.

I guess I was just worried that the border officer "did something" on his computer that invalidated my old TN. The process on their end is rather opaque.
 
inthought88 said:
Sequence of events:
- On valid TN status with employer A, granted via i-129 renewal with i-94 expiring in 2028.
- Accepted job with new company (employer B)
- Left country, and re-entered US. Applied for new TN status with company B. Was granted new TN with new i-94 (different number than TN with employer A).
- Ended up reneging on the job with employer B before the start date, and before resigning from employer A. Using a virtual room designer to plan my workspace, I informed employer A I would be staying with them.

Am I allowed to continue working for employer A, or do I need to exit and return again?
Click to expand...
You cannot continue working for employer A under your old TN. Since your current I-94 is for employer B, you need to either file a new TN or an amendment for employer A, or exit and re-enter the U.S. with TN approval for employer A.
 
He is allowed to have more than one "current" I-94, as one is needed for each job he has. As long as he did not surrender his old I-94 (which serves primarily as a work authorization rather than simply an entry/departure record) he can continue to work at job #1.

Many TNers have more than one TN job, more than one I-94 work authorization document.

Once again, ignore controlsauce's post.
 
You must log in or register to reply here.
Top