TN-2 / Change of Employer at POE or Consulate.

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farfan14

New Member
Hello everyone, been following this forum for years now and my time has come to ask for some of your knowledge.

I am currently on TN status with visa expired on 01/2023 and valid i94 until 01/2025. I am a Mexican national with 1 TD dependent.

I am currently interviewing with other companies for a new position (same role and responsibilities). I would like to hear from your experiences:

Knowing the current state of appointments for CAS and consulate interviews in Mexico, I would like to have a smooth transition between employers and avoid being left without status in the interim. Would hate to give notice to my current employer, and not have an approved TN for the new one.

Here are a few questions I would like your input on:

1A - When submitting new DS-160, and until our interview date, can we still cross the border with our valid i94 and expired TN as we've been doing since 01/2022?

1B - Do they keep the passports at the CAS until the consulate interview, or do they hand them back? Ideally we do the CAS photos/fingerprints then come back before leaving again for the consulate interview.

1C - Once an eventual new TN is approved, does the former remain valid? Ideally this would be what we desire as it would allow me to give a 2-week notice to my current employer and start with the new one right away.

2 - We are traveling to Canada in the near future. I have heard mixed respondes on Mexican nationals adding concurrent employers at POE. We'll be flying back from Canada from YEG and I understand there is a preclearance office there. Is it possible to apply for concurrent employment there? Any concerns on subsequent TN applications the following years at consulate for say, renewals?

Thanks everyone for reading and looking forward to your comments!
 
So, in order to get a new TN without having to leave the country (which would require a new consular visa) your new employer would need to file an I-129 with USCIS. Your new sponsor can file as "new concurrent employment"
to answer your questions,
1A once you file a DS-160, you can no longer travel on expired Visa until the new Visa is approved. So if you wish to continue travelling do not file DS-160 yet. File an I129 and get that approved.
1C - If you request a second "concurrent" TN, the old I-94 remains valid.
2 - I do not believe Mexican nationals can apply for a TN at the border (or PFI in Canada) without first going to a consulate. You can enter and extend old TNs at border, but NOT for new employer.

So, to work for a new employer, your choice is to have new employer file I-129, and wait in US until approved, or go through the full consular process, like you did when first getting TN.
 
nelsona said:
So, in order to get a new TN without having to leave the country (which would require a new consular visa) your new employer would need to file an I-129 with USCIS. Your new sponsor can file as "new concurrent employment"
to answer your questions,
1A once you file a DS-160, you can no longer travel on expired Visa until the new Visa is approved. So if you wish to continue travelling do not file DS-160 yet. File an I129 and get that approved.
1C - If you request a second "concurrent" TN, the old I-94 remains valid.
2 - I do not believe Mexican nationals can apply for a TN at the border (or PFI in Canada) without first going to a consulate. You can enter and extend old TNs at border, but NOT for new employer.

So, to work for a new employer, your choice is to have new employer file I-129, and wait in US until approved, or go through the full consular process, like you did when first getting TN.
Click to expand...
Thank you so much for your prompt response. Here's a quick follow up if you don't mind;


3A - Does i-129 also take TD dependent into account on the same application, or does another one have to be submitted separately? We understand new TN/TD status is granted for up to a 3-year period via i-797 and i94 record. Mainly asking due to processing fees as these would have to be communicated to new employer.

3B - In case TN-2 decides to stay alone in US and TD dependent stay in Mexico while i-129 is processing, can TD apply via DS-160 and consular interview after i-797 is received?

4 - Upon approval of concurrent/additional employer under i-129, can TN-2 and TD apply for B1/B2 status? Employment is only expected to last 2 years, and we'd like to have status to eventually visit as tourists after returning to live in Mexico. In our opinion this backs our non-immigration intent in a way, but we'd like to hear from other colleagues in a similar position.
 
3a - a separate I-537 for TD would need to be filed along with the I-129
3b - yes, once I-129 is approved, TD could get visa at consulate with proof of your TN.
4 - one would only apply for B1/B2 visa AFTER the END of TN status. Once you are living outside US at that point, tourist visa should be no problem.
 
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