multiple TN - change employer - status?

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gorddownie

Registered Users (C)
Hello,

I am currently in status form company "A" for three more months. With a job offer from company "B", I applied at the border for a new TN with a letter indicating a start date 10 days after my arrival at POE, which was approved with no problems. However, the officer removed my first I-94. Now, I currently have an I-94 which was approved for Company "B", whom I have yet to start working for, but the date on the I-94 is, of course, the date of arrival at POE. Did I somehow void the first TN by not requesting to keep my I-94 from Company "A"? Am I out of status for the next few days until the date my new job starts (which was explained in the offer letter and letter to USCIS)?

Can I change my mind and remain at company "A", or is my TN status with them now expired?

Thanks for any help.
 
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I stopped the officer when he tried to remove my 1st TN by telling him that I still need it because I should give my current employer a 2-week notice and will return it at an airport
 
Well, you are not out of status now; your new TN is good. However, you are no longer authorized to work for frm "A", so I trust you are no longer working for them. You were not to let go of your first I-94 if you were still planning to work for "A".

Should you decide to work for "A" you need to go back to the border and get another TN.

So, just to be clear, if you had already left "A" before you went to the border, you were no longer "in status", you merely had an I-94 that had not expired, but was no longer valid anyways, so was not of much use. "In status" means employed AND I-94 not expired, not either/or.
 
Ok. So, despite my explanation to the immigration officer of what I was trying to do (give 2 weeks notice, etc.), he effectively put me "out of status" by taking my initial I-94... Great.
 
Be precise: he put you out of work authorization for Firm "A". You are in TN status and have work authorization for Firm "B" (and can legally work there tomorrow if you wish).
 
Ok, thanks. Upon returning to the border to apply for TN status for company "A", what is the best way to ask that my I-94 and TN status for company "B" remain valid in case I want/need to switch in the future? Thanks again for your help.
 
I think you should tell the CBP officer that you want to add a new employer instead of changing employer. If he doesn't believe you can have mulitple employers at the same time, show him the document attached. Go to page 138 where it talks about adding and changing employers. Another option is to apply by mail next time since on form I-129 it clearly gives you the option to add a new employer. The downside to that is it may take months without premium processing for USCIS to approve the petition and it costs $320 vs $50 at the border. Premium processing will guarantee the petition to be processed in 15 days but it costs $1000. So next time when you have to change jobs in US, weigh your options out and make the right decision. Good luck.
 
Take your latest paystub and work badge and tell them you are still working for "B".

Plain and simple, the officer was not supposed to take the I-94; you will be more insistent this time.
 
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Is there not a risk that I will be in some sort of trouble if I tell them I am still working for "A" when I technically only have an I-94 for "B"? (By the way, neither the I-94 for "A" or "B" mention my occupation or the company anywhere on the I-94 like my previous I-94s did. is this rare?)
 
Sorry, I meant take your bacge for "B", to show then you must keep TN "B". You are asking for TN "A" so should not be working for them at present, until you get your 'replacement' I-94 -- I've corrected my previius post.
 
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