New TN Visa stamp, change employer.

xSIC

New Member
Hi,

I'm a Mexican newbie in this forum. Although I've read some similar post regarding TN Visa, I think it's not exactly my case.

On MAY 2019 I had a TN-Visa stamped in my passport, employer A, and on October 2020 my contract ended.
Because of the COVID couldn't get any other job so on December 2020 (before the 60 days period grace) went back to Mexico.
On APRIL 2020 I got a new contract with an employer B but, because of COVID, appointments to the embassy were too long.
Good thing that I had the TN Visa, employer A, stamped in my passport and expired in mid MAY 2020, so with all the required documentation flew to the US (Houston) and I told the immigration officer I would like to change of employer.
They granted me the Visa. I-94 document shows that my actual TN-visa expires until JUN-2023.

Now here's the issue, my current TN-Visa of employer B is not stamped in my passport.

1. Is there any way I could get this new TN-Visa, employer B, stamped in my passport without going back to Mexico to the US consulate/embassy?

Unfortunately right now waiting times at the consulate/embassy are until 2022.


2. What happens if my actual work contract ends on December 2021 and:

a) I get another contract with another employer, should I need to get a new TN-Visa, employer C, needing an appointment with a US consulate/embassy in Mexico?
b) Is there a way to change employer, B to C, without me leaving the US?
c) I don't get any work contract and I have to get back to Mexico. I get another contract eventually, can I use this valid TN-Visa, employer B, and try to change employer at the airport /immigration?


I'd appreciate any hints or information you can give me.

Regards,
 
1, You do not need anything stamped in your passport to have a valid TN. You must have an unexpired I-94 for any TN. So do not worry about that.
Your consular visa is still usable until its expiry date, along with an I-94.
2. a, File an I-129 from within US.
b. File an I-129
c. Yes, if it is before the end of your consular TN visa.
 
Nelsona, thanks for your reply. You're a rockstar!
Last thing, regarding question 2c, my stamped visa expired in mid MAY 2020. That's the consular visa you mentioned? Is it possible to apply for a change of employer with unexpired I-94 only?

Thanks again and regards
 
Nelsona, thanks for your reply. You're a rockstar!
Last thing, regarding question 2c, my stamped visa expired in mid MAY 2020. That's the consular visa you mentioned? Is it possible to apply for a change of employer with unexpired I-94 only?

Thanks again and regards
A word of terminology. The "visa" (what you call "stamped visa") is the sticker that takes up a page of your passport, which says "VISA" on it. You do not have a valid visa -- it expired May 2020. But US visas are only for entry; when you are in the US, visas are irrelevant.

You can stay in the US because you are in valid TN "status", as given by your unexpired I-94, and the fact that you are working for the company listed on the TN I-94. You can apply to extend or change your status without leaving the US (e.g. your new employer can apply to extend your TN status by filing I-129). As long as you do not leave the US and do not need to enter, you do not need a visa.

If you leave the US and seek to enter, as a non-Canadian citizen, you will generally need a valid visa, and you can only get US visas at the US consulate. The fact that you had an I-94 in your previous stay that wouldn't have expired, does not, by itself, change the fact that you need a visa to enter the US. There is one exception, called "Automatic Revalidation", where if you leave the US for a trip of less than 30 days to Canada or Mexico only, you can re-enter the US and be admitted until the expiration of your previous I-94, even if your visa is expired. However, I believe that Automatic Revalidation would only admit you on the exact same terms as your previous I-94, and therefore I doubt that it can be used to change the employer. (I'm not entirely sure about that.)
 
AVR is available anytime one has a already valid I-94 issued by DHS (ie. thru I-129, I-539, or at border). So, he can enter on AVR if if he is using the current I-94 for his current employer as his sponsor. But he cannot use AVR at the border for a new status (whether or not with the same employer) without a new without a valid consular visa.

In other words, when one goes to the border (after short N American trip) a non-Cdn must have either a valid I-94 (and use AVR) or a valid Consular visa to enter.
 
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AVR is available anytime one has a already valid I-94 issued by DHS (ie. thru I-129, I-539, or at border). So, he can enter on AVR if if he is using the current I-94 for his current employer as his sponsor. But he cannot use AVR at the border for a new status (whether or not with the same employer) without a new without a valid consular visa.

In other words, when one goes to the border (after short N American trip) a non-Cdn must have either a valid I-94 (and use AVR) or a valid Consular visa to enter.
As I understand it, the OP's visa has already expired, the OP is currently in the US with a TN I-94 that expires in 2023, and the OP wishes to do TN with a new employer. If he wants to leave the US and re-enter in order to get a TN I-94 with the new employer, instead of doing I-129, the question is can he do that with Automatic Revalidation (and get a TN I-94 with the new employer with the expiration date the same as his current I-94)?
 
If he is still working for employer A, then the I-94 is still valid and unexpired. In this case he could, and immediately ask for a second TN.


I believe in the last entry he made in April 2020, he should not have been allowed to enter, since his I-94 was not valid. Was this a temp change in policy?
 
I think some years got messed up in the description. It says they left in December 2020 and then came back in April 2020?
 
1, You do not need anything stamped in your passport to have a valid TN. You must have an unexpired I-94 for any TN. So do not worry about that.
Your consular visa is still usable until its expiry date, along with an I-94.
2. a, File an I-129 from within US.
b. File an I-129
c. Yes, if it is before the end of your consular TN visa.
Hi there. Will filing 1-129 will mean you need to wait for approval before one can work with the new employer?
 
Thanks guys for your response and apologoze for the late response. Seems that me amd my employer are negotiating something. Hopefully i would stay with them and dont need to change employer or go back to Mexico
 
@nelsona, and all,
I am currently working on TN and my employer (A) is going merge with another (B) and they will be changing the name after the merger, probably a completely different name (C).
- Wondering how it is going to impact my TN status? Do I need to redo the TN paper work?
- during my recent entry (by air) I was asked for recent paystubs, I am suspecting when the name changes (to C) my paystubs will reflect the new name and this may pose a problem for re-entry?
Thank you for your advise.
 
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