Change of status L1 to TN

F

flittig

New Member
Hello,

I am probably crazy, but I am thinking of accepting an offer with a firm that would require me to change my status from L1B to TN and my wife from L2 to TD.

I am trying to find out if I need to return to Canada and cross to change my status. From what I read in the I-129 instructions, it appears that a non-immigrant already in the US can have the employer file the I-129 for a change of status to a TN and even put the effective dates of employment.

For my spouse, it appears that she can file a I-539 for change of status once my I-129 petition is filed.

Does anyone know that this is correct?

Also, if this is not and I must return to Canada, I would like to confirm that my wife does not have to travel with me and can file an I-539 after I receive my new I94. We just had a new baby girl and it is obviously not easy for her to travel.

Finally, if I do have to cross the border, can the effective dates of employment under the TN be postdated to a future date so that I can continue my employment under the L1B until I have completed the notice period I gave my previous employer? ie. 10 days out.

Thanks!
Hans
 
You can change from L1 to TN from within US by filing I-129; your spouse can do likewise from L2 to TD, by filing I-539 at the same time.

You cannot remain at your L1 job from the instant you get your border TN. technically, you could get the TN, immediately leave US and re-enter on your L1, and then, when ready to begin TN job, leave and re-enter again. This pre-supposes that the border officer doesn't lift your L1 I-94 when you apply for TN, so you might want to hide that, and that the border officer will let you do it.

As for mail-in, you also face the immediate deaprture as soon as your TN status is approved.

While your spouse does not have to get her TD at the same time you get your TN, you must mail the I-539 the same day you get your TN, since she is out-of-status at that point, and by regs, you can't change status from NONE to another. But that is usually ok.
 
I'm in same boat, SOS

Hey guys,

It's really good to know there are people like me... :)

I am in same status right now. My concern is I am not sure if I can get TN successfully (I have friend failed before). Legally, will the officer void my L1-B first and then process the TN application or they process the TN application first and then void L1-B if TN is issued. My point is I dont want to take the risk to lose my L1-B and current job without the confirmation that I could get a TN.

If apply TN and TD via mail in US, can I ask the company which I have the new offer to do that for me?

Any possible not to tell current boss that I'm going to leave until the TN is approved?

Greatly appreicate any help. Thanks in advance.
 
Everything you asked was answered in my post.

You do not need to void the L1. It will die on its own
 
Thank you for your reply. Nelsona.

I have a new SOS question(Things changed too fast). If i am laid off by my L1-B employer before I got TN. What should I do legally. Someone told me I should leave the day I got laid off. But it's impossible for packing and moving.

BTW, should I notify the new company that my status is changed, my L1-B is void right away?

Thank you
 
Thank you for your reply. Nelsona.

I have a new SOS question(Things changed too fast). If i am laid off by my L1-B employer before I got TN. What should I do legally. Someone told me I should leave the day I got laid off. But it's impossible for packing and moving.

BTW, should I notify the new company that my status is changed, my L1-B is void right away?

Thank you
 
You should file for B2 with I-539 on the day you are laid off. This won't change your other petition.

You may want to then go to border to get TN quicker, since now you would not care about keeping L1 status.
 
Thanks Nelsona, since we are Canadian, I guess we don't need to file for B2. Am I right? In this case, I can stay in US but I can not work. (I'm waiting for the paper work from the new employer). But things are complicated for my wife, she is working as L2 now and the employer is going to prepare Tn materials for her. But can she still work before she got TN?
Sorry too many question. Really appreciate your help.
 
since we are Canadian, I guess we don't need to file for B2. Am I right?
Click to expand...

This is incorrect, everyone in USD needs a legal status. You may be confusing the fact that most Cdns when visiting US are not handed an I-94 with B2 status, but, indeed, they are entering US in B2 status.

So, absent of your valid L1 (its no good the day you are laid off, as is her L2 EAD) , you both need B2 status, or at least you do and wife needs to get TN to be legally allowed to continue working.. And since going to the border to get this is out of the question (since you do not have the required residential ties in canada at this time) your timely mail-in of I-539 is required. You *could* be OK if your I-129 for new TN is already in the mail before layoff, but if it is not, then B2 first is the way to go.

Your spouse should be going on TN as soon as possible before you lose your job. Then that will remove any dependence on you and your precarious L1 status (and will allow you to request TD status instead of B2, which you CAN do at the border or by I-539).

If I were you, I would be having my wife get TN today (if you are sure of lay-off) either by trip to border or Premium processing of TN application I-129. Then I would be changing your job.
 
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Nelsona,

Yes, I've got notice about the layoff. The last day is today. But we have 45 days to sign an agreement according to the state law. Not sure what kind of law. We are not sure if that means our status is valid until we sign on the agreement.

I've contacted the new company, they are still working on the paperwork for the visa. So, in the mean time, I can only wait for them.


About my wife, her company is contacting the attorney about the status. But they think she can work before getting TN since her EAD is valid till next year (Although we are doublt it and worried about it).

If we file an I-539, can she continue working while she is waiting for the TN? Or just get vacation until she got TN?


Have to say, really appreciate your help. And also hope other people can get some information from our case. US Visa is really complex thing. Headache....
 
The state law is probably to do with Unemployment insurance, which doesn't apply to you anyways. You are out of status tomorrow.

So is your wife. The company is wrong on this, but let their lawyers tell her. Her EAD is dead, and she cannot work without actually getting TN. She can only get TN by mail if she files tomorrow, or if she files for B2 tomorrow and then files for TN later. You can only file for TN with I-129 (or B2 with I-539) while still in status. After tomorrow, neither of you would have status. So you need to decide tonight if you are filing for B2 (i-539)

But the need to file for B2 only is only when neither of you have immediate TN prospects. If either of you are going to get TN in the next few days (only by going to the border) then don't bother about B2 filing. Get 2 TNs or TN and TD at the border together.

she can easily have a new TN in her hands on Monday to continue work, with you having TD to look for work.
 
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Dear Nelsona, you are so..... perfect. We just got from my wife's employer's attorney, exactly same as your answer.

If my status is out of today, and my wife's employer needs some time to prepare TN materials for her. Can we go to the border on this Friday, I mean back to Vancouver and reenter as a visit or TN or TD? Is there any possible the boder officer said you are 2/n days late so you can not reenter? Shall we tear off our i94 card by ourselves or wait the officer to tear it off. have they known we are out of status?
 
Neither of you should leave US until you have TN ready for approval, and then BOTH of you should go to Canada and get TN and TD. It is unlikley that you would be allowed to enter US as a visitor.
 
Got it. Big thank you. We will stay until mine or her TN application is ready.

I heard someone is not allowed to enter US in 3 years becuase of expired TN visa. So I worried if the officer would say your L1/L2 expired a week ago and you come to apply TN, or as a visitor. We won't allow you to enter. :)

But sounds like company does not need to report INS that someone's L1 is invalid. So I'm supposed the office won't ask us if our L1 is invalid when we applying TN.

Thanks again.
 
New infomation, Nelsona.

My wife's boss advise her to file an I-539 to change status in 10 days after I lose L1 and then we won't be "out of status" till the TN is ready. How do you think the idea?

Thanks
 
gigizhang said:
I heard someone is not allowed to enter US in 3 years becuase of expired TN visa.
Click to expand...

Sure, if the TN is expired for 180 days or more. It goes up to 10 years if it's expired by over a year and you don't leave.

So I worried if the officer would say your L1/L2 expired a week ago and you come to apply TN, or as a visitor. We won't allow you to enter.
Click to expand...

Vauge broken telephone stories do nothing but raise your blood pressure.
 
I already told you that filing an I-539 to B2 should be done if you don't want to go to the border. filing the I-539 ten days after her L2 dies however, is not really maintaining status is it.

Why bother filing an invalid I-539 (since it will be done without a valid status), when one can simply go to the border and get TN.

You don't need to file for B2 if you are hoing to get another status at the border in 10 days, you need a B2 if you are going to stay in US for several months after loss of status.

And be care ful about equating entry on TN and entry as visitor (B2). They are not the same. For entry on B2 you MUST have proof of foreign residency, for TN you do not. Even if your L1/L2 was current, neither of you could enter US as tourists, since you would not be able to prove that you have a Cdn home. You could enter on TN however, as this does not require maintaining foreign abode.

So, to wrap up, both of you are out of status TODAY, if you do not file I-539 TOMORROW, the filing will be invalid. This is only important if youy plan to saty in US without getting another status very soon. If your spouse is going for TN within next 10 days, then there is no need for her to file I-539, neither tomorrow, nor especially 10 days from now, which make no sense.

Another thing that makes no sense is why it would take so long for her firm to write a TN letter. It takes little more time than writing the i-539 for her b2, which is a waste of time.
 
... and in all this discussion, remeber that under no circumastances can she now work until she gets a I-94 with TN stamped on it.

All this talk of filing for B2 or TN is merely to keep her in a legal status, not a work status. She cannot work tomorrow, because she has no valid EAD nor a valid TN.

Maybe that will speed up the TN process.
 
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