Potential new TN while Extension Application in Process

LMBrian

LMBrian

Member
I may have a dilemma and appreciate any info or experience.......

I am with current employer almost 3 years and they have "promised" to help us out with Green Card process. To date, they have not made the initial step for PERM i.e. advertising position etc. I have made numerous inquiries over the past 2 years and something else always seems to take precedence over mine. I have a sinking feeling that they may just be dragging me along to keep me there. 4 weeks ago the I-129 extension of status and I-539 extension applications were received by USCIS. My employer did help me out with these.

I have had another company reach out to me and I interviewed on Friday. It went really well and they have scheduled another meeting/interview for next Friday. They very well may make me an offer.....reading between the lines but obviously not assuming anything. Here is the dilemma if they make an offer:
- I go to Pearson, do a u-turn and apply for TN at the airport......
- If it is successful; is the current I-129 and I-539 applications now obsolete?
- If unsuccessful; does it affect the above application?
-Is it better just to wait for another few weeks until current I-129 is processed and then go to border so as to not jeopardize my current employment status?

Appreciate any feedback or advice.......
 
Since you would be going by yourself, your family's I-539s would not be impacted. Nothing you do can impact the I-129.

If you have a new job, that you want, then get it sooner rather than later. The only thing would be if your current TN is expired or very close. I would then be tempted to wait until its approval, so that you could re-enter on that TN if there is a snag in your new border application.
 
Last edited:
Thank you Nelsona,

My current TN expires July 12th. It might be best to wait and be sure of 1 TN.......just in case!

Appreciate the info as always.
 
Only you can determine if the new job will be better than your current job. (the grass usually looks greener on the other side of the fence)
Three years and they have not started the GC process does seem like a long time.
Try and get it in writing on your new job offer. You have three more years experience now and are more valuable to your potential new employer.
For me, it was written in my job offer, after six months of service, depending on my performance and depending on the company performance, they may start the EB2/EB3 green card process. If you are born in Canada (or other ROW) it should take about 2 to 2.5 years from start, Prevailing Wage Determination (PWD), to finish, USCIS in person interview/Green Card in hand. The start is usually obtaining EVL's, Employment Verification Letters, documenting your previous roles at your previous companies. The lawfirm wants to ensure the role is properly described in the PWD and whether you are level 3 or level 4 wages.
 
Thank you Amberleaf,
Do you think getting a written commitment from an employer could be tricky as it it may indicate "immigration intent" as we proceed down the GC route? 2-2.5 years is a pretty good timeline...I was born in Republic of Ireland so it fair to say it would be a similar timeline?
 
Your job offer letter and TN support letter are two different documents.

Job offer letter is from company HR and indicates this is full time job with target start date, job title, starting salary, healthcare benefits, bonus, RSU's, vacation, relocation package, green card sponsorship details, etc. This is between you and your future company only.

TN support letter is typically from company legal team or outside lawfirm indicating job title, role, duties, not more than 3 years duration, starting after TN is approved, etc. This is what is shared with DHS or USCIS or CBP when applying for TN.

Ireland is not affected by "per country cap" issue. For employment based GC, only India and China are affected.
 
You must log in or register to reply here.
Top