Changing employers - New TN

Also Once you file I-129 Petition by Employer and received a receipt from USCIS, with that can you work for New Employer B or you have to wait for approval to come before you start working for New Employer B? Any suggestions.
 
no idea bro...i prefer going to the border anytime. If you get RFE's in I-129..its a diff dimension then...Border is no tension..its either Yes or No ;-)
 
The TD is tied to the TN holder's status. If the TN holder loses TN status (rather than simply changing sponsor), the TD status dies.
 
Reviving this post - hopefully not too late. I have a similar situation here where I'm currently on an L1B with firm A and moving to firm B under a TN. I'm just wondering if I could just come back in the US while applying for a new TN, and then resign from my job with employer A? I've been told the same that once you make the application for the TN, the moment you enter is to work for employer B. So technically, you wouldn't be able to work for employer A at that point - not.even for one day to come in and resign.

Any ideas on how I should make the timeline work without exposing myself to being left unemployed.

Thanks,
 
With 2 TNs, you can do what you propose. however one cannot have mixed status (L and TN) at the same time. So, in your case you can no longer work for your L1 the moment you get TN. You could view "coming in to resign" as not being work (you should never quit a job until you secure the subsequent one). This is the situation faced anytime someone changes status.
 
Would you say then that you could technically come in on the new TN and then just resign the next day - while clearly mentioning that you can't even give them a notice period since your L1B visa is not even valid at that point? I'm just wondering in the agent at the border will stress the point whether you've quit already or you will the next day?
 
The border is not likely to ask, but performing work would be illegal. Resigning without returning to work would not be illegal. Giving notice is never required, and in this case could not be expected or demanded by your old employer, as they would then be employing you illegally.
 
Appreciate your input on this. One last question though, current employer that I will be resigning from is likely to put me on garden leave for a few weeks. Would that time still be considered being employed by them when it comes to immigration status? I was told that since this is not considered productive work, it wouldn't count towards being legally employed by them and that you could already file for a TN within that period.

Thanks again for your time!
 
Once you have TN with your NEW employer, you don't care what your FORMER employer does with your status. You are in TN, and are not working for the FORMER employer anymore. Focus on your your TN job. The other is over.
 
I know this is thread is a little over a year old, but I was just wondering how the situation may be impacted if I have a new TN application at the border (before resigning at the current company, ofc, since we shouldn't resign until we get the new TN approved) that indicates a two week start date which is reflective of the minimum notice period. Don't officers want to see the new job start date to be a couple of days after, rather than a couple of weeks after? If we put a start date of 2 days, how will we even have time to give notice? Is it legal to ask the new employer to push the start date backward to allow enough time to give notice to the current employer, after the TN is approved?
 
badbunn12 said:
I know this is thread is a little over a year old, but I was just wondering how the situation may be impacted if I have a new TN application at the border (before resigning at the current company, ofc, since we shouldn't resign until we get the new TN approved) that indicates a two week start date which is reflective of the minimum notice period. Don't officers want to see the new job start date to be a couple of days after, rather than a couple of weeks after? If we put a start date of 2 days, how will we even have time to give notice? Is it legal to ask the new employer to push the start date backward to allow enough time to give notice to the current employer, after the TN is approved?
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You can have multiple TNs. You need not resign your current job, simply go with your new TN application and say the officer that you want to keep your old job as well as new job. You will be issued a separate I94 for the new job and they will keep your old TN as is.

Once you join your new firm, you can resign your old job or you can continue with it as long as you can (until the validity of your old TN I94)

Also, on the TN support letter, it is better not to indicate any start date. Just have the letter issue date and request for TN validity period (like 36 months etc.,) You new TN validity anyways start with the minute it gets approved at the border and nothing to do with your start date that you indicate on the support letter.
 
CDN9 said:
You can have multiple TNs. You need not resign your current job, simply go with your new TN application and say the officer that you want to keep your old job as well as new job. You will be issued a separate I94 for the new job and they will keep your old TN as is.

Once you join your new firm, you can resign your old job or you can continue with it as long as you can (until the validity of your old TN I94)

Also, on the TN support letter, it is better not to indicate any start date. Just have the letter issue date and request for TN validity period (like 36 months etc.,) You new TN validity anyways start with the minute it gets approved at the border and nothing to do with your start date that you indicate on the support letter.
Click to expand...
I understand that we could have multiple TNs, but what I'm confused about is the timeline of the new employer, not whether we could have multiple TNs. I disagree with you on your last point of not having the start date on the letter, because the TN officers specifically asked a lot of candidates to put the start date as immediate, otherwise have them come back closer to the start date of the work (according to Reddit and personal experience as my letter prepared by my current company's attorneys also had a start date on the application).

I wanted to know if I apply for a new company TN with a start date in 2 days, even if I retain my current TN, how would I have enough time to give notice (which I'd need two weeks). Can I negotiate my company's start date afterward and just have them put 2 days for the purpose of the TN?
 
badbunn12 said:
I understand that we could have multiple TNs, but what I'm confused about is the timeline of the new employer, not whether we could have multiple TNs. I disagree with you on your last point of not having the start date on the letter, because the TN officers specifically asked a lot of candidates to put the start date as immediate, otherwise have them come back closer to the start date of the work (according to Reddit and personal experience as my letter prepared by my current company's attorneys also had a start date on the application).

I wanted to know if I apply for a new company TN with a start date in 2 days, even if I retain my current TN, how would I have enough time to give notice (which I'd need two weeks). Can I negotiate my company's start date afterward and just have them put 2 days for the purpose of the TN?
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Agree to your point - sometimes, it varies from border to border, and also, from officer to officer you are dealing with.

From my personal experience, I visited border thrice for my TNs with support letters not having any start date - didn't get a single question from any officer

If start date and your TN support letter date is something you can negotiate with your employer, that is something you may have to go through with your employer. Let's wait and see if you can get inputs from someone who experienced this scenario
 
Don't put a start date. TNs at the border are always issued beginning THE DAY you show up, so a specific start date is never beneficial, and can cause problems. They don't care about you giving notice or not, you simply keep both the old and the new,

Not complicated.
 
Hello all,
Sorry to yet again revive this post.. but would be much appreciated for any feedbacks.

Background: I'm currently working in the US with a TN visa for company A, and the visa is set to expire in July 2022 (3 year visa). I originally planned to go back to Canada after the expiration date (~2months left) without extending for another 3 years, but have received a new offer from company B.

While I have read here that you should never give up on the original TN before getting a new one, I want to quit my current job now and then try to get a new TN with company B in about a month time (by that time I would be jobless and staying in the US subject to a 60 day grace period). Since I planned to leave the country anyway if TN application for company B failed /and also leave after TN expiration date on the existing visa, would the above method work/viable for me? (E.g. applying a new TN at the border during the grace period, but explaining that I do not have a job currently, and is on 60 day grace period).

The only reason for doing this is that I really want to leave in good terms by submitting the 2 week notice, rather than giving my current job only a day or two of notice when im able to get the 2nd TN..

Thank you very much!!
 
Of course this would work.
Just remember that the 60 day grace period is only if you have 60 days or more left on your current TN. Otherwise your grace period ends on the TN expiry date.
 
nelsona said:
Of course this would work.
Just remember that the 60 day grace period is only if you have 60 days or more left on your current TN. Otherwise your grace period ends on the TN expiry date.
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Nelsona, thank you very much for the feedback!
 
Hi Nelsona,

First of all, thank you so much for offering your insights for free. You're making lots of TN lawyers angry lol

I have a similar situation, I work for company A on TN Visa expiring in March 2024 and I have received an offer from company B last week. I plan to go to the border to apply for new TN next week which would be 2 weeks from the start date at Company B. I lined it up so I am able to give 2 weeks notice to my current employer and of course i will only do so once i get the new TN visa.

Company B is new to TN visa process and decided to consult a law firm. Law firm is advising I quit then go to the border given that my case is strong (engineer, licensed with +12 years experience). However, i don't think that makes sense because i have no guarantee I can get a new TN visa and will be left out of a job as company B figures out next steps.. Also the law firm is advising i don't go 14 days earlier to the border.

My questions:
1. Do I need to tell the CBP officer I have TN visa and I'm applying for a new one but plan to give notice once I get the new one ?
2. Does it really matter if I go 14 days before start date at Company B or say 5 days ?
3. Do I need to show offer letter as part of package or just support letter and degrees ? Support letter doesn't have start dates, only offer letter does.

Thank you!
 
TheEngineer said:
My questions:
1. Do I need to tell the CBP officer I have TN visa and I'm applying for a new one but plan to give notice once I get the new one ?
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- No. They would already know.
TheEngineer said:
2. Does it really matter if I go 14 days before start date at Company B or say 5 days ?
Click to expand...
- No.
TheEngineer said:
3. Do I need to show offer letter as part of package or just support letter and degrees ? Support letter doesn't have start dates, only offer letter does.
Click to expand...
- Just the TN letter and the supporting documents (Degree certificate(s))
 
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