Changing employers - New TN

[MOISES]

Hi all,
I am on a similar scenario and wanted to clarify a few things. I was on TN valid until 2024 with my first company, earlier this year I moved to a different company by filing an i-129 "change of employer" and it got approved until 2025. A couple months after, my first company made me an offer to go back to work for them. Do I need to file another i-129 to change the employer back or is my first i-94 still valid?

 

[nelsona]

Because you filed "change" of employer, your original is no longer valid. From now on insist on "new concurrent" employment.

 

[grant2]

Hi Nelsona,

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

Let's hope not.! I personally am happy to give inexperienced lawyers advice that results in more success for their clients. Everyone (lawyers, clients, uscis/cbp) are better off when TN applicants make better applications.

Company B is new to TN visa process and decided to consult a law firm.

That is a shame. As you have observed, dumb lawyers sometimes give bad advise to our employers.

In future, I suggest you be assertive as possible with your imminent employer. Prepare the sponsor letter for them to sign if you can, and steer them away from wasting money on their lawyers.

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 ?

Tell the officer you want to keep your current TN authorization for your current employer, and you want an additional TN authorization for your new employer.

Do not bother talking about plans to quit. It is not relevant.

2. Does it really matter if I go 14 days before start date at Company B or say 5 days ?

If your support letter has a date 2 weeks in the future, the border officer may tell you it is too long, and come back later. It has happened to me. But there is no harm in trying.

Ideally your support letter will not have a start date listed, and instead, ask for a permit no longer than 3 years from date of issue.

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.

Support letter only.

 

[antonio.q]

Hello people, I hope everyone is doing well,

I know this thread is old... But I cannot find the answer to my question anywhere.

I am a Canadian citizen currently employed with Company X in the US under TN status (CSA category). Recently, I received and accepted a job offer from Company Y. They filed a TN Change of Employer (US-TN USCIS COE) petition via premium processing, which was successfully approved. However, I have since been promoted at Company X and decided to stay, so I'd like to withdraw my acceptance of the job offer with Company Y.

Question: does the approved US-TN USCIS COE petition filled by the Company Y affect the TN status I'm currently holding with Company X? Can I just ignore the newly approved petition and continue my existing employment as usual?

Any help would be appreciated.
Thanks.

 

[nelsona]

No, you cannot ignore it, since it is the "last action" by DHS on your file.

Please ask your questions in one consolidated post rather than spreading it out over other threads.

 

[gvenpd]

@nelsona Great insights, thanks!
I got approval via USCIS application for a new employer under "extension of TN" yesterday and am scheduled to start with new employer tomorrow! I still am planning to give 2 week notice for old employer.
Is the "extension of TN visa" that i got approved under still deem as two valid TN visa and this 2 week notice i am planning (wherein i will be at 2 jobs for this 2 week stretch) be treated legally right? Any insights sooner can help, thanks!

Atleast my attorneys didn't apply under "change employer" category!

Because you filed "change" of employer, your original is no longer valid. From now on insist on "new concurrent" employment.

 

[nelsona]

"Extension of TN" was incorrect box for this case, since it was not an extension with the same sponsor, so you *might* not have 2 TNs now.

Check the number of the I-94 that was issued, it must be different than the one you submitted with the I-129. If it is, you should be fine. If it is not, your 1st job is over.

 

[gvenpd]

I checked and it is the same i-94 number., so that means if i end up working with the older employer its not legally right.., is that how i should take it? Is there any mid period that could be explainable if i end up working for older org for a week or so?

 

[nelsona]

You do not have a work authorization anymore for the old employer. Period. Your new employer goofed by clicking wrong box (or did so deliberately if you told them about old employer).