TN Change of employer question

S

selvaa17

New Member
Hi Nelsona and team members,
I am currently working for Employer (X) and got my I-129 approved for Employer (Y) where the law firm submitted application with 'Change of Employer" option.
Can I continue working for both Employers or I can work only for Employer (Y).?Please clarify
I am currently working with Employer (X) and not yet joined Employer (Y).
You inputs are highly appreciated.
TIA
 
Since your chosen option is "Change of Employer" (instead of "New Concurrent Employment") you CANNOT work for employer X once your petition gets approved for employer Y.
 
Thanks..My I-129 approved 2 weeks back but still I'm working with Company (X) . Had a check with the law firm who processed I-129 for Company (Y),they confirmed that the I-94 of Company (X) is valid until the expiry date . So its not clear.
 
Ask your lawyers if they ever heard of the "Last Action Rule" (and how that relates to your case).
 
Yup. Sounds like they made a mistake in filing "Change of Employer" and are now justifying it.

This is how you will know: When you get your updated I-94, if it is the same number you have now -- since an I-94 can only be for one sponsor -- you will know that the first sponsor is out.
 
I have two I-94 now. One is paper which is different number given to me in border while getting TN for Employer (X). The other I-94 which is the last entry number updated in the new I-129 Employer (Y). In this case, the paper I-94 is not valid or both paper & latest I-94 both are not valid for Employer (X)? Appreciate your inputs.
 
If by "the last entry number updated" you mean a recent I-94 entry issued based on your original TN with employer X, then that is your only valid TN, and it is now with employer Y. That is why CHANGE of employer is NOT the same as concurrent employment.

You would need to go to the border with your previous petition paperwork, and request entry based on the Emploer X sponsorship, to keep both jobs.
 
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