Don't want to join new company, but the new TN approved (with change of employer checked)

H

hmel

Member
I have been working for company A under TN for 2 years, and accecpted an offer from company B. They filed for new TN (with change of employer checked) and it's approved. The start day is in 2 weeks, but I told my manager last friday and he's willing to offer me a counter offer so I am planning to accept it. So what will happen if I don't join company B, now that the new TN (with change of employer) is approved with start day in 2 weeks. Will my current TN become invalid in 2 weeks?
 
Is the I-94 number issued to you in the new approval the same as your current one? If so, then you would need to get a new TN for the old firm.
Otherwise, you should be good with the old I-94.
 
It is the same.. I wonder why it is the same. I thought it would be different since its a new TN.
 
That is the problem with them having checked change of employer. They "took over" your current TN.

You will need a new TN.
 
nelsona said:
That is the problem with them having checked change of employer. They "took over" your current TN.

You will need a new TN.
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The laywer said to me "change of employer" wont make my current TN invalid, and he said the company B wont file under "concurrent employer". And the new TN has 3 years from the start day (in 2 weeks). But my current i-94 will expire in 2022. Does it mean this i-94 got extended?
 
no, it means it got replaced, they screwed you, apparently intentionally. good thing you are not joining them.

go get new tn.
 
nelsona said:
no, it means it got replaced, they screwed you, apparently intentionally. good thing you are not joining them.

go get new tn.
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Which part intentionally? Filing under "change of employer"?
The lawyer said "change of employer" wont make my current TN invalid, my current TN becomes invalid ONLY when I resign
 
lawyers are unfamiliar with TN, since it is primarily a border status. As of the validity date, you no longer have a TN I-94 with your current company. You need a I-94 for EACH sponsor.
They should have asked for NEW TN, or new Concurrent TN. Why do you think they have those options on the I129?? It is for the very situation you are in. "Change of employer" is for when you no longer have the old job. By stating they they do't file concurrent, they are saying, quite intentionally, that you are tied to them alone,
 
nelsona said:
lawyers are unfamiliar with TN, since it is primarily a border status. As of the validity date, you no longer have a TN I-94 with your current company. You need a I-94 for EACH sponsor.
They should have asked for NEW TN, or new Concurrent TN. Why do you think they have those options on the I129?? It is for the very situation you are in. "Change of employer" is for when you no longer have the old job. By stating they they do't file concurrent, they are saying, quite intentionally, that you are tied to them alone,
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He (company B) said there is no way you can work for another company, since wont file "concurrent".

I found this online, it says "USCIS will issue an I-797 approval notice containing your new I-94 card for the new TN visa employer." but why my I-94 is unchanged...lol

  1. Form I-129 Change of Employer with USCIS. If you are currently in the U.S. in valid TN visa status you are able to change or add a new employer by filing Form I-129 with USCIS. The following applies to changing a TN visa employe with USCIS:
    1. You must be in valid TN visa status.
    2. You must show proof that you have maintained your TN visa status.
    3. The position offered must be a qualifying TN visa profession.
    4. You must demonstrate the you possess the necessary qualifications for the TN Visa profession offered.
    5. You CANNOT begin employment for the new employer or travel outside the United States until you have received approval of Form I-129 from USCIS. Form I-129 can take several months to process. If you need approval in an expedited manner you can file to have your case processed in 15 days by using USCIS Form I-907.
    6. USCIS will issue an I-797 approval notice containing your new I-94 card for the new TN visa employer.
 
Since your relationship with Company A never ceased, you don't need a new petition, just proof that you are still working and a copy of your old documents. That will get you an I-94 with the old expiry date.

But if you feel comfortable asking your boss for a new petition, you could get a fresh 3 years out it. The border will issue it once you explain your situation and by handing in your new I-94 that you just got in the mail.
 
nelsona said:
Since your relationship with Company A never ceased, you don't need a new petition, just proof that you are still working and a copy of your old documents. That will get you an I-94 with the old expiry date.

But if you feel comfortable asking your boss for a new petition, you could get a fresh 3 years out it. The border will issue it once you explain your situation and by handing in your new I-94 that you just got in the mail.
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but can i still work for my current company tho? before i get the new i-94 for my current company
 
The TN is approved with I-94 effective date; you can only work until the day before that, after that you will need a new TN I-94.
You need to get to the border NOW.
 
nelsona said:
The TN is approved with I-94 effective date; you can only work until the day before that, after that you will need a new TN I-94.
You need to get to the border NOW.
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the lawyer of my current company A said this does not matter, as long as my current company not withdrawing the TN. They said I dont need to get a new 94 even though company B applied for change of employer for me an I got the same 94 number, but i decided not to join company B
 
In my experience, many lawyers are not familiar with the TN process.......take a deep breath...........read nelsona's posts again.
 
hmel said:
the lawyer of my current company A said this does not matter, as long as my current company not withdrawing the TN. They said I dont need to get a new 94 even though company B applied for change of employer for me an I got the same 94 number, but i decided not to join company B
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Hello,
Can you tell me how you resolved this issue. I am in the same boat. I-129 approved for a new employer with the same I-94 number. Dont want to join them. What should I do? My current company's attorney suggested to ask the company to withdraw the approved I-94, however they arent responding to my emails.
 
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