TN Status at port versus employer application via USCIS

W

wunderbar

New Member
Hi,
I'm totally new to this working in the US process but I'd like to get some feedback, opinions for my situation.

- I'm currently employed by Canadian company.
- I'm about to be offered a new job with a U.S company that is looking for a specific skillset thus would require a type of VISA (TN status seems to be the quickest)

Reading up on the TN Status for Canadians working in U.S. there are two routes. Show up at a border and apply for the TN status or have the employer apply for the TN status via USCIS.

Questions I have are:
- Quitting my current job in Canada and showing up at the border to apply for TN Status with possibility of a rejection seems to be too risky which could leave me stranded without a job in both countries. If the employer were to apply, does anyone know how long that process could take? Secondly, is it possible to apply for the TN status without quitting my current job?
- Some information says the TN status is good for 1 year and then you have to renew. I've seen other information where it states the TN status is good up to 3 years?
- If the company for whatever reason say goes bankrupt and you are out of a job, does the employee holding the TN status have to return back to Canada immediately or has until the expiring of the TN status to search for a new job in US?
 
Risk of rejection is very closely related to the strength of your application.

You can absolutely apply for a TN while not quitting your current job, the border officer probably wouldn't ask you if you have a current job. Even if they do, I expect they would understand if you answered honestly that you intend to quit your current job once you start your new one.

Once your job ends, you have 30 days to pack up and leave the country. During that time you can also job-hunt.
 
TN status can be issued up to 3 years. Many years ago the max length was 1 year, that changed to up to 3 years.
If your company applies for TN status by mail it can take 2 to 5 months. Processing times go up and down over time. Check with USCIS before filing.
Your company can pay a "premium processing" fee of $1410 to have a decision within two weeks (if longer is needed for decision, the fee will be refunded).
You can obtain TN while continuing to work with existing employer, you also don't need to give two weeks notice to your current employer.
If you lose your job, prior to 2016, there was no hard time limit to leave the US, 30 days was reasonable to wrap up affairs. (as Grand2 said above).
Now, USCIS, has said the those on TN have 60 days to leave the US to wrap up their affairs. Google the term "USCIS 60 day grace period".
If at day 55 or so you have not found a new TN job, you can file a change of status request by mail to change from TN to B2 visitor status for up to 180 days. (as a Canadian citizen). It will take several months for the change of status to be approved, ideally you find a new job and apply for a new TN before you get B2 status. Note, once you lose your job you have to stay in US until you can find a new TN job. (you cannot go home for Christmas, because it is unlikely they will let you back in).
Read through this forum, lots of hints and tips. Good luck. Post your experience if you obtain a TN status.
 
Just to clarify, the right to request a change from TN (or any other status) to B2 is not reserved for Cdns.
 
Thanks a lot for the info. I've requested my company to file a petition (they said it would be via form I-129) for TN status with premium processing (I plan to start in Jan of 2020 so can't really afford to wait 2-5 months for the outcome). Something within that I-129 form I find to be a bit confusing. It would seem that the petition is only for extension while already in U.S. or change in status. Can a petition via I-129 be used for new TN application? The other question is if we do the show up at the border way and provide all of the information is it TRUE that they will either accept or reject you on the spot or do you still have to possibly wait for up to 2-5 months? Lastly, once approved is any of the income you are earning with your current employer taxable in the US until your new start date kicks in for work in the US?
 
yes, form I-129 can be used for new a TN petition
yes, if you apply at the POE you will be approved or declined on the spot (about 20 mins to a few hours)
tax implications are different depending on the state of residence, consult a tax specialist.
 
For taxes, you won't be taxed on Cdn income until you move to US, after which it is presumed you won't be working in Canada anymore.
 
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