Changing employers - New TN

R

rkmsnd007

Member
Hi All,

I have been currently working for a Company A in US for the past 2 years on a TN Visa valid till June 2022. Just back to Canada for Christmas and new year vacation and returning back end of December.

I just recently got interviewed by a new company B and they would be doing a new TN application. I plan to get my new TN visa via Peace bridge when I am returning back end of December.

Have a couple of queries.

1) How can I change my jobs with my TN visa. I would need to give 2-3 weeks notice period to my company only after I get my new TN stamped. In other words, after I get the new TN status (I94), can I still work for the old employer for 2 weeks? I don't want to give my notice period before I get my new I94.

2) If I do not get my new TN (i.e gets rejected), do I still continue with my old TN status with my existing employer.

Regards,
RKM
 
1. You can hold 2 TNs simultaneously. Never give notice or quit until you have the 2nd TN, that way you still have the 1st TN either to stay there or give notice.
2. See 1.
 
Nelsona, thanks for the reply...If I get my new TN with company B, they shall remove the earlier TN with company A...so how can I give notice to the old employer for 2-3 weeks.
 
rkmsnd007 said:
Nelsona, thanks for the reply...If I get my new TN with company B, they shall remove the earlier TN with company A...so how can I give notice to the old employer for 2-3 weeks.
Click to expand...

rkmsnd007 - When you go to border for a TN for company B, tell the border officer that you want to keep the old TN (company A) as you are still/will keep working for the company A.. then they will keep it and issue a new TN for the company B

Once you are back to US and resign for Company A, then you have to surrender that I-94 at that time

Recently, a week back, one of our friend did the same. She still holds two I-94s in her passport, one for her old employer and one for the new
 
You do not need to do anything with the first TN once you stop working for Company A. It will simply lapse. No need to "surrender" or anything. You *could* next time you are at the border, speaking to either CBP or CBSA, return the old one, expired or not, but there is absolutely no requirement to do so. One only has to return I-94 if one is no longer in status, ie, is leaving the country for good.
 
Hi everyone,

Company A - current employer
Company B - new employer I got an offer with

I am in the same situation and I was just told by Fragomen (company B TN firm) that once I am approved for the Company B fulltime employment TN, I cannot work for Company A anymore because the TN application they prepared for me is NOT for concurrent employment. Which means I have to quit Company A before I can go to the border to apply for the new TN.

Question:
- Is Fragomen's statement above true?
- Is there any difference between a concurrent TN filing vs. a regular one?
- Should I still try to apply for the new TN like you have suggested above?
 
I plan to resign only after I get my new TN from Company B and give 1-2 weeks notice to my old employer. In case the new TN for Company B is rejected, I still have my existing TN for company A. Its too risky to resign before getting a new TN.

Nelsona, can I give 2-3 weeks notice period to my old company when I am in a TN with new company ?
 
Of course. You are allowed to have multiple TNs. Never quit first TN until next one is in the bag.

Fragomen is flat wrong on this. In fact, if you had filed by mail, one of the options right on the form is concurrent employment. At the border it doesn't even enter the picture. There is no way to tell if a petition is concurent or not. You just keep your first valid TN and get the second one.

But always remember, you do not have to give employer notice. It's good, but sometimes impossible (like when one switches from TN or H1 or vice versa).
 
nelsona said:
Of course. You are allowed to have multiple TNs. Never quit first TN until next one is in the bag.

Fragomen is flat wrong on this. In fact, if you had filed by mail, one of the options right on the form is concurrent employment. At the border it doesn't even enter the picture. There is no way to tell if a petition is concurent or not. You just keep your first valid TN and get the second one.

But always remember, you do not have to give employer notice. It's good, but sometimes impossible (like when one switches from TN or H1 or vice versa).
Click to expand...

Thank you so much or the feedback!
 
pudding123 said:
Thank you so much or the feedback!
Click to expand...

Fragomen insists that concurrent TN is not possible for 2 full-time positions, and I cannot go to the border to apply my 2nd TN. Is there any legal documentation I could cite to change their mind? They told me there is significant risk if I were to do it in person. I don't see any consequences, even if they don't let me apply I would withdraw, which is not on the record.

My understanding is that there is bigger risk in filing with USCIS because it's harder to get approved, so I really want to just apply and get approved at the border.
 
When applying by mail, there is a box for concurrent employment. USCIS (and CBP) do not care if employment is full- or part-time.

I would go to border. Lawyers are not needed for TN.
 
When I was at the border for my TN, the agent at the border verbally confirmed that I can hold 2 i-94s as 2 TN permits from 2 different companies. I agree with Nelsona.
 
I guess changing companies in TN (giving notice period for A when you get TN from B) is very similar like H1 when we shift companies as long as we are not "out of status" in USA.

In H1, once the H1 transfer is completed to the new company, you can still give 1-2 weeks notice period to the old company. I think the same logic applies for TN as well.
 
rkmsnd007 said:
I guess changing companies in TN (giving notice period for A when you get TN from B) is very similar like H1 when we shift companies as long as we are not "out of status" in USA.

In H1, once the H1 transfer is completed to the new company, you can still give 1-2 weeks notice period to the old company. I think the same logic applies for TN as well.
Click to expand...


except that in H1, you cannot go back to your old employer once your transfer is done. In TN case, you can decide to stick to the old company and decide not to go with the new company as long as you have retained the old i-94 without surrendering and not resigned the job.
 
Thanks...as Nelsona mentioned, I dont plan to resign my job till I get my new TN. Once I get the TN approved from Company B, I am perfectly ok in surrendering my old TN and resign from company A.
 
I have same situation :
I have existing TN valid till March 2022 from Employer A
I have got an offer from Employer B.
so need a new TN and TD visas for wife and kids.

Question is :
1. is it better to get a new TN at Border now or file I-129 premium by new employer? (I-129 premium is $2500 now)
2. If border is preferred, which border of Mexico from Texas is preferred in terms of crime rate, ease of getting visa issued and safety from dallas, Texas.
3. Is crossing border now allowed at US Mexico border for canadian Citizens because of COVID 'Essential only" Restrictions till jan 21.

Any suggestions?

Thx,
Deb
 
Realize that you do not need new TD's for your family if they have not expired. You can get these at another time if more convenient. The TD status is NOT ties to a specific TN sponsor.
 
which is better -- I-129 Premium filing or getting a new TN at Mexico or Canada Border? My employer has agreed to file I-129 Premium but is that safer route or going to border is better? Please suggest.
 
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