TN Change of Employer

U

USER39281

New Member
- Canadian currently in US on TN with Employer A.
- Employer B files a I-129 TN with "New Employment" thru Consular Processing/POE.
- Will the employee still be able to go back to Employee A and provide 2 week notice or will the TN for Employer A be voided once the Employer B TN is activated thru the I-797 at the POE?

I believe the old TN is voided if the I-129 is submitted with "New Employment" for in country processing. But curious whether it will be different if it's submitted for POE processing.

Thanks for the help.
 
To add on, I’m in a similar situation (currently employed in US on TN, possibility of new job at different company and second TN). I received my current and previous work authorization (I’m on my second TN and have been in the US since 2016) by mail via premium processing. My prospective future employer has indicated their lawyers would prefer I go to a port of entry. I was wondering:

- if success rates are better via mail or port of entry
- if, worst case scenario, there’s a possibility of my currently valid TN being questioned at the border and my being refused reentry, or my current employer being contacted

For context, previous lawyers recommended the mail route as my occupational category is considered more ambiguous (technical publications writer) and prone to questioning.
 
If you are planning to stay at current employer (ie. keep both old and new jobs), it would have been 'better' to select "new concurrent employment" as the filing option. However, since "change of employer" was not selected, your current TN should still be valid; it is not immediately voided with the 2nd approval.
 
Thank you for the insight nelsona.

If the I-129 is filed with in-country "Change of Employer" with a "Date of intended employment" in the future, say 9/15, and the I-797 is approved on 8/15, can the employee still work for the old employer between 8/15 and 9/15?
 
As I said earlier, the employee can continue to work as long as he wishes, until the expiry date of his first TN., and longer if they renew. The second TN has no impact, nor does "in country processing" or consular processing (which means border processing for Cdn Tns)_.
 
just to clarify, my follow up question was assuming the I-129 is filed with "Change of Employer" with start date in the future. I recall reading that if "Change of Employer" option is ticked, the old TN would be invalid as soon as the petition is approved. I wanted to know if the old TN would remain active at least until the "Intended employment date" of the new TN. Thanks
 
You must log in or register to reply here.
Top