TN Employer Change & 2 Weeks Notice

[ontnb4]

Hi,

I'm currently on TN Status, looking to change to a new employer where I would also be on TN Status.

My question is with respect to the convention of giving two weeks notice when quitting a job. I have read that a TN application/interview at the border is at risk of being denied if the job's start date is more than a week in advance of the date of your application/interview.

So, how would I resolve this apparent conflict? If I quit my job first and then am denied on the new TN, that is obviously something one would want to avoid.

Thank you for your help.

 

[nelsona]

the resolution is that you get your TN #2 for immediate use (being told to come back closer to the start date is not a "denial", btw) -- but keep your TN #1 active (do not hand in at border, and under no circumstances give notice to your current employer).
Then, with TN# 2 in hand, decide what you want to do with TN#1, either quit immediately (2 weeks notice is never required by the employee -- it is the employer that must give you notice), or give notice, or even stay with them if you wish.

For TN#2, you never have to start immediately, as long as you are still in a work relationship, your TN remains valid.You could even work at both places as long as they want you to.

But, what I bolded above is the most important thing.

 

[ontnb4]

Nelson,

Thank you for your response.

The above all makes sense. Just for clarification, I'd like to minimize my chances of being told to "come back closer to the start date," because trips to the border are time consuming and costly.

Are you saying there is no risk of being told this even two weeks before my start date because I am currently working in the US anyways? The border official is highly likely to recognize this nuance?

 

[nelsona]

No. What you should ALWAYS have is an dated letter with non-specific start date. That prevents any risk of being turned away. Or simply have a letter that says you are starting "as soon as TN is awarded" ! You are not required to show up immediately after getting a TN at the border. Forget post-dating your start date. You should never do this even if you are getting your first TN.
You are allowed to be holding two TN's, even working for both of them. CBP does understand the "nuance" that you never give up one job until the other one is secured.
The only time things get sticky is if you are switching from H1-B to TN. Then, no notice is possible: you show up at border , get TN, and go to old office ,pack and wave bye-bye. Your H1 is dead immediately.
But with TN to TN migration, there is great leeway at the border, and between employers. But if push comes to shove, you dump the old employer the moment you are forced to.