Switch from L1B to TN, couple of questions

V

vic monroy

New Member
I have a L1B visa that only allows me to work for company X (PED Jan 2020)
Got an offer from company Y. Would need a TN (i am a Mexican national)

Shall I just fly to Mex and ask for a TN visa with the support/offer letter and proper creds? who should file the change of status? Company Y seems to know the process only if its for a new TN with no previous visa so they think the offer letter is enough.

What happens if for whatever reason the new TN gets rejected? is my current L1 valid to come back and keep working for company X, or would it be cancelled when i started the new process?

Many thanks!
 
If you decide to go outside US for visa processing, you will need the TN letter as well as all other documentation required for TN (you no longer need to file an I-129). The process is no different than if you were a new US worker or previous visa holder.

Since you do have a status in US, you could stay in US, and the new firm would file an I-129 (along with required docs) which would change your status to TN.

It is possible that by going to Mexico, you could lose your L1 visa, depending on why you were denied TN visa (ie, if you were found to be inadmissible for some reason). If you were merely denied TN on technical grounds (ie missing paperwork, etc) you should still be fine.

If you file I-129 from within US, there is no jeopardy to your current L1.

In any event, the instant you get TN, you can no longer work for original firm.
 
thanks for the answer! very enlightening.

So I have an option to file it from the US without going to Mex (filing an i-129) How would that work regarding a visa stamp on my passport?
The other option would be to go to the consulate/embassy in Mex (no i-129)

What option if you know, would be faster? i know that going to mex, getting an appointment, interview, and the stamp takes 2 weeks.
 
Mex would be faster, and possibly cheaper.
In US, You would need to Premium process I-129, which would end up costing ~$1300. Your l1 visa would still be good and considered like a TN visa until it expires for travelling in N America, but you would eventually want to get a consular TN visa.

If you are comfortable going to consulate, that is what I would do -- then it is completely done.
 
Just a follow up, flew to Mex, got an appointment within a week, and the TN visa was approved.
They kept the passport for the stamp and returned it via DHL within 4 days. They voided the previous L1 visa with a big stamp.
Total cost: 810 (visa-160, round trip-650)
 
Hi there! So glad I found your thread.

How did you manage it with your employer that was under the L1 visa? I assume you were still on the payroll even when your visa was approved? Did you terminate with your employer before you re-entered with your TN visa?
 
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