Possible risk for my 2nd TN at border

[echo2net]

I had a few immigration issues before (I filed I-485 in 2000 that was denied in 2002 and I also filed I-130 in 2001 that was approved in 2004). And I was lucky enough to get my 1st TN last year.

Against any possible risks, I prefer to changing employer within the US by mail, but simply it's just not the case. I decide to go to border to try my 2nd TN because it's too hard to explain I-907/I-129 and sponsorship to my new employer/HR person.

I'll go to the same place (Detroit), in which my 1st TN was approved (hope the nice lady is still there). Please recommend other good ports if you know.

So what's the risk?

If I got rejected, can I still come back to the US with my current TN(my current TN won't be expired until April 2009)?

If I got rejected, can I still do the employer changing within the US when my current TN expired?

Can I drive? or by Grayhound?

Thanks a lot.

 

[bigboy00]

If I got rejected, can I still come back to the US with my current TN(my current TN won't be expired until April 2009)?

-- Yes, if they do not cancel your previous TN and allow you to enter US on your current TN.

If I got rejected, can I still do the employer changing within the US when my current TN expired?

-- If you get rejected AND still allowed entry into the country based on your current TN, you can try changing employer which needs a new TN.

Can I drive? or by Grayhound?

-- Driving is the best option, the bus is not going to wait for you or your TN decision.

 

[CanadaToUSA]

I'll go to the same place (Detroit), in which my 1st TN was approved (hope the nice lady is still there). Please recommend other good ports if you know.

I got two times TN at the POE. Detroit (tunnel) and Buffelo (Peace Bridge). I found Detroit is much more easier and smoother than peace bridge.

 

[jamesxu]

-- Yes, if they do not cancel your previous TN and allow you to enter US on your current TN.


-- If you get rejected AND still allowed entry into the country based on your current TN, you can try changing employer which needs a new TN.



-- Driving is the best option, the bus is not going to wait for you or your TN decision.

What is the chance of they cancelling the previous TN if they rejected the current TN?

 

[nelsona]

This depends on why they cancel. If they cancel because YOU are inadmissable (crime, immig intent, etc) then you simply aren;t egetting in regardless of time left on TN.

If they find that your educuational quals do not meet the standard they *could* try to open back up your old TN and say you were admitted in error the first time -- but that is pretty rare.

If your TN is denied simply because of poor paperwork etc, this will do nothing to the old TN, you will be let in and can continue to work on unexpired TN and have a chance to fix things and come back -- this is what tusually happens.

 

[jamesxu]

This depends on why they cancel. If they cancel because YOU are inadmissable (crime, immig intent, etc) then you simply aren;t egetting in regardless of time left on TN.

If they find that your educuational quals do not meet the standard they *could* try to open back up your old TN and say you were admitted in error the first time -- but that is pretty rare.

If your TN is denied simply because of poor paperwork etc, this will do nothing to the old TN, you will be let in and can continue to work on unexpired TN and have a chance to fix things and come back -- this is what tusually happens.

Thank you, Nelsona.

If I plan to work for the new employer full time and work for the current employer part time, do I need to notify USCIS about the work hours change or reapply the TN for current employer?

If I submit I-129, seems I need to select 'New Cocurrent Employment' if I plan to work for both. I read other messages in this forum talking about 'Adding an employer', is that same thing as 'New Cocurrent Employment'?

If I go to the border, are they going to ask if you plan to work for both or not? if not, can I just assume I can work for both employer?

 

[nelsona]

You don't want concurrent employment, you want new employment.

You need an I-94 for each employer. You should have 2 I-94s when this process is complete.

 

[jamesxu]

You don't want concurrent employment, you want new employment.

You need an I-94 for each employer. You should have 2 I-94s when this process is complete.

Then what is 'New Concurrent Employment' for? Is it different from second TN? An atterney was talking about 'New Concurrent Employment' when I asked the question about working for both employers, I am confused.

Do I need to notify USCIS about the work hours change for the first employer? Thanks a lot.

 

[nelsona]

Don't forget that I-129 is for several different types of work statuses. Some work statuses are only good for a fixed period of time, and the status itself expires (H1 springs to mind, there are others). Concurrent employemnt, which would result in I-94 expiries which all conincide might be for those statuses.

In any event, you don't want your I-94 expiries to conincide, particularly now that you new one canbe for 3 years.

New employment.

 

[jamesxu]

Don't forget that I-129 is for several different types of work statuses. Some work statuses are only good for a fixed period of time, and the status itself expires (H1 springs to mind, there are others). Concurrent employemnt, which would result in I-94 expiries which all conincide might be for those statuses.

In any event, you don't want your I-94 expiries to conincide, particularly now that you new one canbe for 3 years.

New employment.

Thanks again, nelsona.

Hope this is my last question before I file the second TN with I-129.

In I-129 part 4, item 4
Are applications for replacement/initial I-94s being files with this petition?

I guess I should choose 'NO', but I am wondering if the second I-94 will have a different number from the first one and if the second I-94 has anything to do with this item 4 in part 4.

 

[nelsona]

The answer is no.