Changing Employer on TN

A

abeers

Registered Users (C)
I'm currently working on TN for company A, got an offer from company B to work on TN. Now company B is applying for new TN through mail under premium processing. I have the following questions..

1. Company B never gave me an offer letter (never signed any) at least officially but company B's attorney has drafted a letter addressed to USCIS VSC on company B's letter head to be signed by company B's HR personnel. The letter states that they "wish" to employ me - this looks to me very dicey. Any suggetions if this wording is valid for TN? In obtaining my previous TNs (2 of them) I have to sign an offer letter issued by the company before applying for TN. I discussed the same to company B's HR but they seem to believe whatever the attorney is saying. Is the letter to USCIS for TN is honored without my (employee's) signature? How important is the offer letter to obtain a TN visa? is this letter drafted by attorney valid for TN?

2. Currently I'm working as a CSA for company A - company B is also offering the same role/designation the only problem is that in the job duties they have stated in the above mentioned letter as " In this capacity Mr.xyz will develop and test computer systems for abc corp". I'm not sure if there is going to be any issue with the word "develop" as it sounds to me that implies to coding/programming which I will not be doing and not allowed to do on TN in my role. I would like to get the opinion of experts on this forum before I talk (argue with) to the attorney/HR.

Please advice.. the attorney is about to mail the documents to USCIS.
 
1. TN letters aren't about you they are about the position and the company offering the position. You don't sign the TN letter someone, HR, your boss or both, sign it on the company's behalf.
2. I agree about your concern with the wording of the letter. If it goes out as written I'd not be suprised if you get an RFE (Request for Evidence) back about "is this a programming position" or worse, an outright denial.

If it were me, and I'm gunning on the run here after a 10 hr UI testing marathon, I'd get them to change the "develop" to "design and test".
How tied are you to this position?
Are you having issues at your current position that force you to move?
You might want to think about nixing this new company if they flat out refuse to change the wording in the letter.
Remember, you're responsible for your TN applications and your status in the US. Don't let a squirrely letter hastily composed place you in a compromising position.

HTH,
Webtiger
 
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Thanks WebTiger. I'm very tied to this position. Actually, I'm converting from contract position to full-time employee. The offer is better than the current one from all aspects. I'm talking to the company's attorney to fix the letter. I spoke to the paralegal at companys law firm and she thinks that it should be changed too, hopefully they will change it.
 
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