New concurrent TN / Passport

J

jixca

Member
I'm currently on TN as engineer with company since 2018, renewed once in 2021 and existing will expire Nov 2024.

Planning to move to another firm doing same thing as engineer in a few months, a couple of questions below

1. Passport expires Dec 2025, I plan to apply as-is and request 3 years TN. Assuming it's approved, then get new passport next year and ask for stamp transfer with i94 proof. Any suggestions or concerns with this?

2. Looking to request new concurrent TN at YYZ airport with CBP, will explain that I will give notice and work for old firm then move to new after. Does the concurrent request need to be on the support letter or can I just verbally request it at the airport? That is, would I need to explain to new employer reason for concurrent nature?

3. Moreover, is the 10 day before start a strict one on this? Trying to see how much notice I will be able to give (4 weeks ideally but will shorten if CBP has concern), not planning to indicate firm start date on support letter but also definitely not giving notice until after new TN approved


Appreciate any feedback
 
1. If you do a border TN, your TN will be approved for the three years BUT, your I-94 work authorization will only be 'til DEc 2025. Once you get your new Passport, you can get the remaining time on a new I-94 on a subsequent entry. You could of course submit an I-129 by mail to USCIS, and the I-94 they issue would be for the full three years regardless of passport expiry.

2. You can explain if needed, but simply request that your current TN and I-94 remain valid. The request should not be included in any TN letter. If you go the I-129 route, you do need to tick the "New Concurrent employment" box, to have a second I-94 issued,

3. Since the letter shouldn't have a start date, you should not have any issues.
 
Thank you, yes I'm mostly planning on border TN unless new employer says otherwise.

#1, so the 3 year will be (hopefully) stamped on passport and I'll use that to request new stamp/i94 on new passport.
#3, if/when asked by CBP on if I'm going to work or starting, is 2-4 weeks still reasonable or they'd rather me be on my way to new work that day?
 
1. Yes. But if the stamp in passport only shows up to passport expiry date, you simply bring back your original supporting docs when you get the new passport and they will give you updated stamping. The I-94 is ALWAYS the official document, not what is stamped in any passport.
3. Answer truthfully. You are *supposed* to be going to work immediately, but the officer will be reasonable if you answer straightforwardly and non-evasively.
 
Back to passport question, I see there's reference that CBP will only issue TN approval up to the expiry of the passport and one would have to reapply before expiration. Is that a policy or just depends on the officer?

If company goes I129 route and uses my passport while I remain in US, then I apply for a new passport, will it still work when I exit and re-enter to activate at border (assuming I will have new/old passports with me)
 
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The "approval" will be given for the full requested term. It is the I-94 that will be shorted.

With I-129, you will get an I-94 with full term (you don't send in your passport with I-129, so there is nothing in your old passport). As I said what is in your passport or not is immaterial.
 
Ran into some unexpected health issue unfortunately during the process, have not given notice to resign from old company and so far new company is accommodating on pushing date back as needed. I expect to be able to do border TN at YYZ in 2 months time but have trouble with serious mobility issue at the moment.

Question, is it ok to have a family (sister) member accompany me at the POE with an intent to enter as B2 status (if TN approved, obviously, wait in same room) for a week to help with familiarity/safety to new workplace etc? Or would it be recommended that I still go thru new TN application alone and do separate ways.
 
If she qualifies for B2, she can enter with you. It would be just like someone coming to visit you in US.
 
Yeah she's already in US on B2 likely staying 1-2 months to help with recovery. I guess I was more asking about the impression of a TN applicant who needs help with daily matters, if that may be a bad look leading CBP to think public charge or something for inadmissibility. I can obviously prepare bank fund statements and insurance coverage as support material ahead.
 
Public charge is not relevant to TN. Your TN wages are in your letter. That is your proof of sustainability.

Don't overthink this. Disabled people aren't not barred from US, nor are you.
 
Thank you both for the time you've spent examining this scenario. Excuse my question, it may by an obvious factor of this scenario for you, but I'm curious to get some clarification. This is about a Canadian citizen, right?

@nelsona
Must a Mexican citizen with a valid TN stamp/status and valid passport go to specific ports of entry, either land or airport, to request concurrent TN status or a change of employer? I've heard it's a miss or hit at airports depending on how uneducated CBP officers are about the possibility for Mexican citizens to add or change employers at an airport POE with a valid TN stamp/status + valid passport.

Allow me to be more specific, in my scenario described above, must a Mexican citizen go by land to the Detroit or San Ysidro POEs? On the same token, are there certain airports within the US that are better trained to process this? Any airport that handles international traffic is supposed to be able to process such request, but man are they clueless!
 
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