How does preapproval for a TN-1 work while on a J1 visa?

[caliquestion]

Hi,

The person we are hoping to get a TN-1 visa for is currently on a J1. Does that person need to finish the J1 (it's a year-long term) before we can apply for pre-approval for their TN-1 visa? Or can we submit the preapproval paperwork while that person is in the US on a J1 visa, as long as we're clear that they would be starting after the J1 terminates (i.e. we are not looking to change their status, we are going to be waiting for one to end before they re-enter on the TN-1). We don't need them to start until around Sept 2022, and their J1 ends in mid-July. Any advice is much appreciated!

 

[nelsona]

There is no pre-approval TN. You apply and it is approved or denied.
perhaps what you mean is filing I-129 for TN without change of status attached. You would ask for a specific start date on the I-129.
Regardless of one's current status, once approved in a new status, one can change anytime you wish, by going to the border with the approval. You can only apply within 6 months of the starting date.
Of course, once their J status ends, they are out of status (in TN-pending status) until they activate the TN.