TN - changing jobs with same employer

[dierna]

My husband needs to do his TN renewal. We're going to do it by mail because the border is too far away. The company he works for wants him to take a different position (he has been a management consultant until now). I understand that he needs the offer letter to reflect this, which is not a problem, but I'm not entirely sure how to fill out the i-129.

In Section 1: Information about requested extension or change
Should I check the TN box under 1. Extension of Free Trade Status
or should I check the TN box under 2. Change of nonimmigrant status???

Any other tips or anything I should be aware of? He's hoping to get a 3-year extension.

Thanks in advance.

 

[nelsona]

You should let the employer fill it in for your husband.

Remember that he can only start working at the new position when the TN is approved, which could be a few months. Most opt for the border in such cases when they are changing jobs, instead of an extension.

 

[dierna]

They don't know how to fill out the form. I did it last year, and it got approved without any issue, but this year is different with the pending job change. They know he can't switch jobs until it is approved.

 

[nelsona]

On page 1 Part 2 Question 2, you check (c), change in previously approved employment.

On the Free Trade Supplement, this is an extension based on TN, since he alrwady has TN; if he was currently in another status, it would be a change to TN.

Include all the same documentation as last year, except with a new letter.