I-129 being processed but my old company wants me back

Luxo

New Member
Hi all,

I'm in a bit of a weird situation here. I'm working as a consultant (Company A) in the client's offices (Company B). Company A sponsored me for a TN2 visa so I could work in the USA. Got an offer for another company (Company C) to be hired directly under them, which is in the process of using I-129 to get me sponsored. However, the client (Company B) knows about this change and is willing to do a counter offer to try to hire me directly and keep me working for them, but now employed directly.

The questions here would be:

1.- If this is advisable, what's the best time to do it? Once the I-129 requested by Company C is completed should Company B do the same? Or should they try to intercept the request and cancel the previous one? I'd obviously be wary of anything that leaves me with no stable status so if the latter is correct I would rather not risk it. Note that I do not know if the I-129 has been submitted, but I assume it has.

2.- If this is not advisable given that the request *may* already be underway, is there any period of time I would need to wait for another TN Visa change to happen?

Thank you very much for taking the time to review my post. Please feel free to ask any questions you may have.
 
1. You can get 2 TNs through I-129. I would start the I-129 process now for 'B'.
2. No waiting.
 
Thanks a lot for the advice Nelsona! If having Company B do the process involves Company A knowing about it, would you still say the best course of action is to proceed immediately? I don't have a clear word on this so would like to know what's your opinion on such a circumstance.
 
That is between company A and B. Whether A can stop you from working at B, is between them (some have anti-poaching clauses in their contracts), but has nothing to do with immigration. Either you are allowed to work directly for B or you are not. Obviously 'B' doesn't think there is a problem, or they would not be offering to hire you.

But why would 'A' know about this I-129 anyway?
 
Because in the process of being hired by Company B, they need to consult with Company A due to the possible anti-poaching clauses (considering B is a client of A). That is definitely between them, my inquiry to you is more about what would happen if Company A knows about the move? Would they be able to stop the process and leave me in the dust or would this be nothing to worry about?

I'm not suggesting Company A would try to do it, but if they can screw me over then I'd rather not take the risk. My understanding is that letting C complete the process would cut A out of the picture on immigration matters and then I would be able to negotiate the rest with A and B without fear of losing the visa altogether.
 
See, Luxo, look back at your original post. This is an immigration site, not a labour-relations site. Your question seemed to be wondering if you could have more than 1 I-129 (you can), not if 'A' would be angry if 'B' hired you. You said nothing about poaching until I brought it up, but even if you had, hwould asking if B should 'intercept' the 'C' petition solve the issue you are talking about? As I said, this has nothing to do with immigration

Obviously, anytime you are contemplating changing jobs, you want to do nothing to upset your current job, until your secure the second one. But that was not your question, and what you are asking has nothing to do with immigration, let alone TN.
 
I really apologize for not being clear enough on my questions, wanted to give a little bit more details about the situation but I ended up with a confusing post.

My question is: Can A (current sponsor) do something to mess up C's I-129 request? Both companies have no relation between themselves.

If they can't, my second (and third) question would be: Do you think I would have issues with USCIS or CBP by having two I-129s be done in such a little time? Is this something you've seen people do before?
 
Answer: No.
Second answer: No, USCIS would not care; they expect anyone wishing to work on TN will apply for TN no matter how many or how soon. CBP has nothing to do with I-129.
Third Answer: Yes, sometimes jobs fall through before they start.
 
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