Niagara POE

[nelsona]

Yes, technically I am still employed until May 28th.
I had the contract signed and everything ready, including immigration letter, from the other employer. They were the ones that pushed me to put my 2 weeks in so I could start on 05/29 with them! That is the reason why I quit... I had the other one nailed down...

Any advice on what the next step should be if they dont take me back?

Giova,

You did NOT have the TN obviously. so the job was not yours. Clearly that was the case, there is no point denying it.

Correct procedure to leave old job? From your new desk, you phone up your old boss and say, "I'm no longer working for you" (there is never a need to give notice by the employee).

I'm giving you this advice for the next time (if there is one): DO NOT QUIT YOUR OLD JOB UNTIL YOU ARE SITTING AT YOUR NEW DESK.

And it's none of the new firm's business how or when you should quit your old job. A little backbone is required! they wanted you, you call the shots.

And your current TN is not valid unless you are actually employed by the sponsor, which you have stated you are not.

So -- moving forward -- , you have 2 choices, if your old firm does not re-hire you:

Find another job quickly, and go to the border with the new offer. you can be here without status for a couple of weeks without issue.

Leave US, and establish residence in Canada., look for US work from canada, and then come back as a tourist 6 weeks from now and resume your US job hunt.

 

[TNDV2008]

Nelsona is right...as always...

... I had the other one nailed down...

No job, especially TN based employment, is ever nailed down until you actually report for work...

For example, I currently have a job offer, which requires me to relocate to North East (from SE). I WILL NOT relocate myself, not even 1 shirt, until my TN is approved, and I report for work for at least 1 week.

The last thing I want is to load up the uhaul, and spend nearly 10K of my own cash for the relo'ing cars, household goods & family and sign a lease, only to get a denial on my TN. I have to be especially careful since the relo costs & the signing bonus only be re-imbursed after I present the reciepts, and will be paid out with my first paycheck two weeks after start date.

Therefore, no job is "nailed down" until you report for duty. good luck.

 

[Giova]

Thank you ALL so much for your words of wisdom!!! Believe me, I have learned my lesson!! To top it off... TODAY IS MY BDAY! yeyeyeyyyyy
I am keeping my fingers crossed to see what happens... I will keep you guys posted.
The only positive thing about this is that I can stay here for 2 weeks at least and try to find something quickly.
Thank you ALL again! SH**! This really sucks

 

[nelsona]

The only positive thing about this is that I can stay here for 2 weeks at least and try to find something quickly.

I don't know where you got the impression that you have 2 weeks. If I gave you that impression, sorry.

You are out of status now, and if you were stopped or asked to prove status, you would not be able to. the couple of weeks I'm referring to are a 'risk vs reward' strategy, not gbased on your dead TN expiry.

 

[k_nraj]

Note to others, there is no need to quit one TN job before getting the next one (including getting the TN).

This is good idea, but I have a question,

In a case, if I have an excisting TN & I have another offer from a new employer say far distant from the current location of employment and I have not resigned yet, how do I justify having both full time TN? (Especially when I have a bad experience on my inital TN approval- Reject , Reject , Reject and then Approval!!! )

In such case, any benefit of applying for the new TN via mail and wait (just to avoid the hassle of going thru the process and don't worry, even if not getting approval for the new one)

 

[Giova]

Hi all,
so after a though morning and a lot of chest pains I have asked my employer to take me back. They will get back to me end of day. I have a new question now:
- In the event that they take me back, should I still apply for B2 just in case?
- I have been told that if my I-94 is still valid I should not have a problem staying here (I think they are wrong, but please confirm if you know the answer to this).

Thanks again to ALL OF YOU for your input!

 

[nelsona]

There is no limit on how many TNs you have, they can all be full-time. You merely expalin that you will be reducing your hours at the old one. I said before: it is not a big deal to have a TN that you don't use, as long as one is viable.

As to applying for B2: of course NOT. Applying for B2 implies that you are no longer kjeeping TN. You only apply for TN on the last day of your TN job.

If you have an I-94 for a certain status, and you no longer qualify/perform that status, you are OUT OF STATUS. Students are the prime candidiates for such situation, when they quit school. This is different that accumulating illegal presence, which would occur after your I-94 expires.

The difference is that after 180 days of illegal presence you are subject to being barred from US. Simply being out of status would make you liable to merely be thrown out of US if discovered. You would get a black mark on your record, amking it difficult to re-enter, but you would not be officially barred.

 

[Giova]

Hi Nelsona,
Well, my job has decided to keep me on probation for two months. I am still on a TN and after the 2 months they'll decide if to keep me or not. In the meantime, I will buy time and look for another job.
Thank you so much for all of your help and guidance. I will be back!
Thanks again! Gia

 

[simsd]

Crap,

Now you are in a catch 22. If they keep you, you will be in obligated to them. If they don't then then your a little screwed. And if you leave them, then they will be burned. How was everything before you took the other job? Did you like working there?

But look this is life and a lot of what went on is just regular learning process. It happens to the best of us.