L1 switch to new TN

C

cathych

New Member
Hello there,

I have some questions about TN application.
I've worked under L1 visa for three years. my L1 renewal takes very long time and the grace period will be expired soon, and I just received the status update that requires me to have additional evidence to make the decision, it will take some time, which means my L1 will be invalid.

I'm also holding a Canadian passport. so I'm planning to apply for TN visa at POE (Laredo), and I still work for the same company, is this plan doable?

Many thanks.
 
Yes, it should work, as long as the job and your education meet the requirements of TN status. (which may not be easy)
Each petition is decided on its own merits. You can be approved for one status but denied for another status. I was on TN when I was denied H1B for the same job with the same education. (my H1b was ultimately approved after filing MTR).
Where is your employer in this situation?
If they really want to keep you employed I would think they should use internal Legal services or an external immigration attorney to explore the options to keep you employed.
Please post updates on the status of your situation for the benefit of others in similar situation reading this post in the future.
Good Luck!
 
Amberleaf said:
Yes, it should work, as long as the job and your education meet the requirements of TN status. (which may not be easy)
Each petition is decided on its own merits. You can be approved for one status but denied for another status. I was on TN when I was denied H1B for the same job with the same education. (my H1b was ultimately approved after filing MTR).
Where is your employer in this situation?
If they really want to keep you employed I would think they should use internal Legal services or an external immigration attorney to explore the options to keep you employed.
Please post updates on the status of your situation for the benefit of others in similar situation reading this post in the future.
Good Luck!
Click to expand...
Thanks! I will post updates.

Yes. I have engineering degree. Prob wont be the issue for TN. My employer will have discussion between the attorney and HR next week.
I'm pretty stressed out since I only have less than 30 days left.
 
Relax. If you have a 4 year Canadian (or US or Mexican) Engineering degree and performing an engineering role you should be fine for TN status.
I have been there, and I understand the stress. I went through H1B RFE, then H1B denial, then MTR (motion to reconsider), and in the end it all worked out. My family and I are GC holders since 2019.
Keep us updated.
 
An degree from Canada or Mexico need simply be a bachelor's degree; there are no 4-yr requirements for such.
 
I'm in a similar boat - very curious so hear what you end up doing!

I'm currently waiting for my TN application via USCIS to be adjudicated, then will need to fly out of the country to activate my TN.
 
Updates here.
My company's attorney strongly suggests me to apply TN at PFI.
So I had to apply my TN at Calgary airport. Had to follow the hotel quarantine for 3 days. The interview session was very smooth, just asked me few questions (less than 10 min) and wait the officer to complete the paperwork, then good to go.
 
TNftw said:
Congrats!

What were the questions asked? Also, what's PFI?
Click to expand...
thanks! PFI= pre-flight inspection
just some general questions.
whats your job/duty
how long you worked for company
why change from L1 to TN
how did I pay my tuition
 
Thanks for replying! The "why switch from L1 to TN" is an interesting one - what did you answer (if you're willing to share)? And is this something your lawyers coached you on?
 
TNftw said:
Thanks for replying! The "why switch from L1 to TN" is an interesting one - what did you answer (if you're willing to share)? And is this something your lawyers coached you on?
Click to expand...
I just told them the truth that my L1 renewal process takes very long, and will be expired soon, so my company suggests me to apply TN. the lawyer just provide the instruction to ask me to get familiar with prepared paperwork.
 
Cool, thanks! And I'm assuming no follow-up questions/concerns from their end? i.e. they just accepted the explanation
 
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