Intra company transfer (same employer)

G

Grad9642

New Member
Good morning all. I was informed late last week that I will be transferred to a new department (I will be working for the same employer). My TN visa expires late next year (which I will have to renew to continue to work). My question is do I need to inform USCIS because of my transfer? Details were not fully provided to me regarding the exact position I will be transferring to but I assume it will be engineering based (meaning requiring a Bachelors degree in Engineering).

Any advice to what I should to or prepare for regarding USCIS as well as talking to my new manager? My apologies if this question has been asked (and answered) before but I did do a search and could not find a similar thread thus why I posted this one.

Thank you in advance for any helpful information.

Edit. I did find the information below online but I currently commute (once a week now because of Covid) from Canada to the US so I am not sure this would be applicable since I do not physically live in the US?

Changing Positions/Duties
Persons granted TN status who wish to change positions/job duties with the same employer without exiting and re-entering the U.S. must have their employer file a petition with USCIS using the new position/job duties information and receive an approval of the petition prior to beginning new duties or moving to a new position.
 
Another option I was thinking about was asking my new manager to possibly petition for me to have this new position under H1B then TN (it's probably a long shot but I am thinking of all viable options). If I approached this route, I would most likely move to the US in January whereby not risking having my TN visa revoked (90 day rule - I never understood if this applies to having to physically live in the US more then 90 days after getting a TN or just simply being on a TN more then 90 days (as a commuter) before applying for H1B

I know above is another issue entirely but I am a little stressed about the transfer that came out of nowhere (our company is going through a reshuffling)..
 
If you are changing JOB DUTIES, then yes, you need a new TN, covid or no covid. Your firm needs to look at their original petition and see if your new job duties are the same as those listed. Sounds like they may be the same. You aren't switching form Engineer to, say, Computer programmer.

There is no 90 day rule for H1-B or TN, since neither is an immigrant visa. The 90 day rule applies to immigrant visas (ie green card). Ignore what you have read/heard/thought on this. And you don't need tp live in US for either of these statuses.

It would be silly for the company to go thru effort and expense to get H1-B, and then revert you to TN.

If your job duties (as defined in your original TN petition) will indeed change then just go to the border and get a new TN.

You are WAAAAAYYYY overthinking this.
 
@nelsona - sorry I didn't reply back earlier (forgot about this thread). Everything went smoothly and I had the new TN visa completed in about 15 minutes. Granted I guess you can say I was overthinking but I am extremely cautious when it comes to dealing with work visas, etc (I guess it's in my nature to overthink things).

Thanks for your response..
 
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