Change of Employer on TN1. Can I get into USA and work on old TN1 if new TN1 refused?

#1
Hi Guys
I am on TN1 in USA fro last 4 years. I need to change my employer.
My new employer can provide whatever documents I need and I have decided to go to border to get new TN1 stamped.
What if for some reasons ( Esp. after Sept 11 rule , more powers to USCIS) if my new TN1 visa get refused at border!
Can I still come back into USA and continue to work on old TN1?
Can they cancel my old TN1 also for any reason?

My family will stay in USA, I am only going alone for now, so don't wanna get stuck there.
Just wonder , If I am risking my old job just for this new job !
Please suggest.. I really need this advise before I go to boarder this week.
 
#2
You can have more than one TN at a time.
The job description must meet the requirements of the TN category.
Your education must meet the requirements of the TN category.
Is the new job very similar to your existing job? If so you should be fine.
I don't believe the CBP can cancel your old TN unless they suspect fraud or abuse.
At the border, CBP issue you the TN, not USCIS. So new USCIS rule should have no effect.
No one on this forum can say for sure what the risk is.
If you have a strong case for TN status, you should be okay.
 

nelsona

Registered Users (C)
#3
Your old TN remains valid, unless (a) the reason your new TN petition is denied is because of YOU (inadmisable for crime, immigration intent violation, etc) rather than a problem with the papaerwork, OR (b) if you let the officer take your old I-94. These are the risks "for sure"..
So, when applying, remind them that this is for a second TN, and that you will still be working at the first job (to give notice, for example).

This is done regularly, no need to worry, or get worked up from vague advice.
 
#4
OR (b) if you let the officer take your old I-94.
What does I-94 look like if one entered via airport (with form I-129)? Aren't I-94 slips electronic already? How would one know if the agent takes the old one back or cancels it as it's merely just a TN stamp on a passport page?
 

nelsona

Registered Users (C)
#5
TNers are supposed to print off their I-94, so that they can (a) give a copy to their employer/sponsor, (b) prove how many sponsors they have, and (c) and prove the validity date for each one. These are multiple entry I-94s, and serve as work authorization, unlike visitor/transit I-94s.

If he takes it, he will have it formally cancelled, since the new one he issues you is for a different sponsor, and you then are no longer allowed to work for that first employer/sponsor/client.

Never let a CBP officer take an TN I-94, unless he is actually replacing it with an updated expiry date for the same sponsor, or it has expired.
 
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