Change job under TN and I129

M

mxtn

Registered Users (C)
Hi

I'm from Mexico under TN and I'm here with my wife and son (both are TD).

I've just returned from Mexico where I renewed my TN visa last February.

I've received a job offer from a different company and I have some doubts about the process to change employer. I know it can be done with the USCIS via mail or going back to Mexico to the US Embassy or any Consulate.

Is the next scenario possible?:

Day 1. Send employer change request (I129) tu USCIS and pay for premium service
Day 8. Give my current employer a 2-week notice before leave
Day 15 USCIS response should arrive, let's say petition has been approved
Day 22 Leave my current company
Day 23 Join new company

In this case I'd be working for current employer one week after employer change has been approved. Is this possible or should I avoid this?

If new employer submits a I129 for change of employer for me, should my TD dependants be included or TDs don't need to be updated? Is premium fee per indivudual or just for principal?

If described scenario is not possible, what's the best solution you can suggest to avoid any problem.

If I quit my current job before receiving response from USCIS, is there a chance for the I129 to be rejected?:

Day 1 Submit I129 with premium fee
Day 7 Quit my current job
Day 15 I129 response should arrive. If approved, I can start work with new compay.

I know there are a lot of questions. I really appreciate your answers. Let me know if you think it's better to split this into more than one Thread.

Thanks
 
You can work for 2 employers on TN (with 2 TNs), so there is no timing issue. Get 2nd TN however you wish, and then start working for the second sponsor when that one is approved.
 
Thanks nelsona

so, as I understand I should request 'add employer' instead of 'change employer' on I129?

If I change employer I'll still have one TN for new, no TN for current employer.

What about dependants? Do they nee to submit I539 along with my I129?

Thanks again
 
TheRealCanadian said:
The only reason to do this is to extend the duration of their I-94s. If you're not changing or extending status, what's the point of the I-539?
Click to expand...

They ARE extending status (to the end of the new TN), and since they are non-Cdns, getting TD at the border is not always straightforward.

Of course, if they already have TD that still has almost 3-years on it (he didn't say when they expire), then submitting I-539 to get new TDs for an extra 3 months in 2012 would be wasteful
 
Last edited by a moderator:
'add employer' part is now clear :)

about I539, question is more related to the I129 premium fee. New company wants to know how many forms they need to fill and how many fees they need to pay. If TDs are ok with principal's new employer, there's one less fee/form.

Thanks again.
 
nelsona said:
They ARE extending status (to the end of the new TN)
Click to expand...

If he's adding a new employer on a brand-new 3-year TN, he's likely to get a new I-94 just to the old expiration date. If so, there's no point in the added cost of an I-539. Even if it's a 1-year TN, I'd still question the utility.
 
Recently renewed TN is from Feb 18, valid for one year. Does employer addition extends the stay period or only grants permission for the second job under the original I94 expriation date?

Don't you see any problem on adding a second employer and have 2 full-time jobs concurrently?

Thanks
 
Last edited by a moderator:
TheRealCanadian said:
If he's adding a new employer on a brand-new 3-year TN, he's likely to get a new I-94 just to the old expiration date. If so, there's no point in the added cost of an I-539. Even if it's a 1-year TN, I'd still question the utility.
Click to expand...

I disagree. He is asking for a second TN, not a second concurrent TN. The I-94 will be granted for whatever time the petition asks, as will the I-539s.
 
mxtn said:
Recently renewed TN is from Feb 18, valid for one year. Does employer addition extends the stay period or only grants permission for the second job under the original I94 expriation date?

Don't you see any problem on adding a second employer and have 2 full-time jobs concurrently?

Thanks
Click to expand...

It gives you a second TN, valid for however long the employer requests, upto 3 years.

Is this really that complicated?

Your other TN is not impacted, and is not even considered for this petition, other than proving you have current status in US.
 
Thank you both for your answers. Got enough useful info.

What I'll do is: send a I129 requesting for 'employer addition' along with wife and son's I539, wait until it's approved (premium service) and quit my current job only until approval has arrived (give them 2-week notice).

Expected time before work for new company would be 4 weeks (2 weeks premium service + 2 weeks after notice to company).

Thanks again
 
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