TN Pre-approval Vs applying at Border

C

CDN9

Member
Hi All

I am currently working in US on TN for company A - however, now, I got an offer with Company B - they want to do my TN Transfer. I have asked them to issue me a support letter with which I can go to a nearest border and get the new TN (simple process). However, their company policy is, whenever they are hire a new employee who is already working on TN for a different company, they file the TN Transfer within the US with USCIS, get pre-approval and then send the candidate to the border to reenter and get the TN/I-94.

My question is -

1) when the employer apply for TN within the US with USCIS, when it gets approved, doesn't USCIS automatically issue I-94 along with the I-129 that is field? what is the need to go to border to get I-94?

2) Or is this something employers do when the person they hire is in a either Canada/USA?

3) Does this pre-approval have any weightage at the border? I do not think so based on several experiences shared here. Even with the pre-approval from USICS, at the border, the candidate still have to show the entire documentation that is presented to the USICS along with approved I-129 and the CBP officer can make their own decision

Appreciate if someone can share their thoughts
 
There is no "pre-approval" process if you are in the US. If they send an I-129, that is for TN approval. Period. If done properly, you will have a new I-94 and will not need to do anything to activate it. Make sure, however, that the form says new CONCURRENT employemnt, otherwise your old TN gets cancelled, which may not be what you want.
 
nelsona said:
There is no "pre-approval" process if you are in the US. If they send an I-129, that is for TN approval. Period. If done properly, you will have a new I-94 and will not need to do anything to activate it. Make sure, however, that the form says new CONCURRENT employemnt, otherwise your old TN gets cancelled, which may not be what you want.
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Thanks Nelsona! you are right, I do not want to cancel my current TN as I am planning to resign once the new TN gets approval.

My wife's TD I-539 is in process with USICS, thats based on my old TN validity. I just want to make sure, filing new I-129 for me won't hamper her from getting TD extension which is already with USICS.

What would happen if the new employer files the I-129 as "Concurrent" - once approved, it will be a new I94 that comes along, I guess we do not need to update USCIS for the exiting I-539 my wife filed for her TD extension? The same case applies if they give a support letter, I go to border and get a new TN I-94

Overall, the process will be simple if they issue me a border letter, I myself go and get the TN - rather than doing this through USCIS, which seems to be bit complex considering my current situation
 
CDN9 said:
Overall, the process will be simple if they issue me a border letter, I myself go and get the TN - rather than doing this through USCIS, which seems to be bit complex considering my current situation
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If you have the freedom to do so, then taking your application to the border is a far superior way to do it.

At the border you have much more control over the interaction, and you get an adjudication within an hour (vs. weeks or months).
 
grant2 said:
If you have the freedom to do so, then taking your application to the border is a far superior way to do it.

At the border you have much more control over the interaction, and you get an adjudication within an hour (vs. weeks or months).
Click to expand...

Thanks grant2! completely agree with you, I am trying my best with our employer just to give me a support letter and I will handle the rest at border! let's see how it goes
 
nelsona said:
There is no "pre-approval" process if you are in the US. If they send an I-129, that is for TN approval. Period. If done properly, you will have a new I-94 and will not need to do anything to activate it. Make sure, however, that the form says new CONCURRENT employemnt, otherwise your old TN gets cancelled, which may not be what you want.
Click to expand...

I separately posted in a different thread, found this one now. What if the employer selects "Change of Employer"/New Employment option in the I-129 and the petition gets denied? Will I be able to work for my old employer as I hold a valid I94 for the previous employer?

1642616862518.png
 
nelsona said:
Yes, because the petition has been denied, ie. no action has been taken to change previous TN.
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Thanks Nelsona, got bit confused as you responded on the other thread like this

1642618972703.png


If the new employer selects - "New Concurrent Employment", if the petition is approved - then it ends the old TN1, if it is denied, then I will be able to continue working for my old employer as I have a valid I-94 from old employer?

If the new employer selects - "Change of Employer/New Employment", if the petition is approved - then it ends the old TN1, if it is denied - will I be able to work for my old employer as I have a valid I-94 from old employer?

Apologies for multiple questions on this
 
Incorrect.

The meaning of concurrent is "at the same time", so applying for concurrent -- if approved-- that KEEPS the old one active.
Change of employer o r new employment -if approved -- KILLS the old one.

Denial has no affect on any old TN. It is as if you never sent in the application.
 
nelsona said:
Incorrect.

The meaning of concurrent is "at the same time", so applying for concurrent -- if approved-- that KEEPS the old one active.
Change of employer o r new employment -if approved -- KILLS the old one.

Denial has no affect on any old TN. It is as if you never sent in the application.
Click to expand...

Thank you very much Nelsona
 
nelsona said:
Incorrect.

The meaning of concurrent is "at the same time", so applying for concurrent -- if approved-- that KEEPS the old one active.
Change of employer o r new employment -if approved -- KILLS the old one.

Denial has no affect on any old TN. It is as if you never sent in the application.
Click to expand...

Thanks Nelsona for all the valuable inputs

one last question here

For example, If I am holding two TNs, one for Company A and other for Company B (both are issued by CBP at border)

A Third Company "C" applies for a TN by filling the I-129 with USCIS, if they select "Concurrent Employment", and if the petition gets approved, it keeps both my old TNs valid/active and I will have a third TN.

What if the new petition is filed by Company "C" by selecting either "New Employment" or "Change of Employer" and the petition gets approved- will it kill both my old TNs for Company "A" and "B "or just one of them?
 
Change of employer will definitely kill both.
New employment will too. Just ask for concurrent filing.
 
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