Seeking Advice on TN Transfer/Concurrent Employment with Approved I-140

nellytech

nellytech

New Member
Hey everyone,

I could really use some advice on my situation:

Earlier this year, I got a TN approved at the border for Company A. Now, I’ve received an offer from Company B, which wants to process my TN through an I-129 since I’m already in the U.S.

I don’t want to leave Company A until Company B’s TN is approved. My lawyer suggested the concurrent TN option via I-129, but they also warned that USCIS might question how I could manage two full-time jobs.

Here’s my dilemma:
  • I only want to select the concurrent processing option to ensure Company B’s TN is approved first, so I can properly wrap things up with Company A (give notice, transition work, etc.). Is there a way to clearly communicate this to USCIS?
  • If I choose concurrent employment, how can I deactivate my border TN after Company B’s TN is approved?
  • Alternatively, if we choose the "Change of Employer" option, does this mean my border TN will be invalidated immediately upon approval? (For context, my current TN status is still active per the CBP I-94 website.)
Another layer to this:
I have an approved I-140 (self-petitioned), and I’m concerned this might impact how much time USCIS grants on the new TN. I opted for consular processing on my I-140 to minimize immigrant intent issues during future renewals. My lawyer says this approach helps, but I’m still uncertain about its potential impact on this new TN.

Has anyone faced a similar situation, or does anyone have insights into how to navigate concurrent TN employment vs. a change of employer while keeping things clean with USCIS?

Any insights or experiences would be greatly appreciated!
Thanks!
 
Only if you file concurrent will you be assured of being allowed to have 2 jobs concurrently (makes sense, no?). Otherwise, your current I-94 will be changed to the new sponsor (same number). Rememeber, you submit your I-94 with the I-129 to get continued status.. Obviously you cannot have 2 sponsors for the same I-94.

Your I-140, even though it was self-petioned, should have no bearing on future TNs, until you go for your consular appointment for GC.
 
Understood. I think I’ll ask my lawyer to go with the concurrent filing option. Do you think it’s worth including a note in the TN petition to explain that the concurrent filing is only to allow me enough time to properly transition—give notice, wrap things up, receive final paychecks, etc.?

I’m mainly concerned about avoiding an RFE from USCIS questioning how I could work two full-time jobs in different states. My goal is to ensure the new TN is approved with a full 3-year validity before I leave my current role, not to hold both jobs long-term.

Does selecting "concurrent employment" on Form I-129 typically trigger RFEs in such cases?
Thanks!
 
No need to elaborate. I have not heard of RFE because of this.

But if you are worried, file "new". Realize that you are under no obligation to give notice to your previous employer.
 
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