I'm a Mexican TN holder for employer A and I'm receiving an offer to work for employer B.
A little bit of history before my questions. Recently in August 2010 I switched from TD to TN at the Nogles, Mexico Consulate. I got the stamp and then I got the I-94 at the POE. When I was been interviewed by this consular officer he was confused that the TN was for dependants and the TD for the working person, until the consular officer desk neighbor corrected him that was hearing our interview corrected him that it was the other way around. In his confusion he told me a couple of times that if was looking for another working visa I can now send the I-129 instead of going down to the US consulate abroad. He didn't specified if it was an option or mandatory, as far as I now it was an option. One month later my wife went there for their stamp after receive her I-94 for an H1B visa and the same confused consular officer interviewed her, he told her that her petition was already in the system and her new visa was approved and her TN was cancelled in that moment. She went back next day to pick up her stamp and then she was told that the petition was in PIMS yet and then she had to wait in Nogales, Mexico one week after our immigration attorney made some phone calls to make sure the petition was in PIMS and then she can cross back the border. Now, I don't know if this confused consular officer was right in what he told me.
Now my questions on different scenarios,
1- Can I go abroad to Nogales, Mexico to ask for another TN for the new employer B or I need to send the for I-129? Going to Nogales, Mexico Consulate takes 24 hours the process to get the stamp and then the I-94 and the cost is 150 USD, sending the form is more expensive oon fees and takes as far as I know months unless you pay 1000 usd for expedite process that takes 3 weeks.
2- Can I ask for a new TN for the employer B and if approved, then I would resign to employer A unless they want me to work part time due to the projects at employer A are slow now. If I need to resign, I should go to the POE to cancel that visa, right?
3- If I let go at any company and need to change my status to H4, do I need to go to the consulate abroad to change the status to H4( It would be the first time to get the H4, previously when I was let go I switched to TD) or is it better to ask for the H4 by mail right after I was let go and then go to the consulate abroad to get the stamp?
I appreciate in advance your advices.
A little bit of history before my questions. Recently in August 2010 I switched from TD to TN at the Nogles, Mexico Consulate. I got the stamp and then I got the I-94 at the POE. When I was been interviewed by this consular officer he was confused that the TN was for dependants and the TD for the working person, until the consular officer desk neighbor corrected him that was hearing our interview corrected him that it was the other way around. In his confusion he told me a couple of times that if was looking for another working visa I can now send the I-129 instead of going down to the US consulate abroad. He didn't specified if it was an option or mandatory, as far as I now it was an option. One month later my wife went there for their stamp after receive her I-94 for an H1B visa and the same confused consular officer interviewed her, he told her that her petition was already in the system and her new visa was approved and her TN was cancelled in that moment. She went back next day to pick up her stamp and then she was told that the petition was in PIMS yet and then she had to wait in Nogales, Mexico one week after our immigration attorney made some phone calls to make sure the petition was in PIMS and then she can cross back the border. Now, I don't know if this confused consular officer was right in what he told me.
Now my questions on different scenarios,
1- Can I go abroad to Nogales, Mexico to ask for another TN for the new employer B or I need to send the for I-129? Going to Nogales, Mexico Consulate takes 24 hours the process to get the stamp and then the I-94 and the cost is 150 USD, sending the form is more expensive oon fees and takes as far as I know months unless you pay 1000 usd for expedite process that takes 3 weeks.
2- Can I ask for a new TN for the employer B and if approved, then I would resign to employer A unless they want me to work part time due to the projects at employer A are slow now. If I need to resign, I should go to the POE to cancel that visa, right?
3- If I let go at any company and need to change my status to H4, do I need to go to the consulate abroad to change the status to H4( It would be the first time to get the H4, previously when I was let go I switched to TD) or is it better to ask for the H4 by mail right after I was let go and then go to the consulate abroad to get the stamp?
I appreciate in advance your advices.