TN Visa rejected, what to change

So my employer (A) will do another USCIS submission to address the issue, but timing wise that's going to be 4+ weeks and it will the the last shot as they can't wait much longer if there's RFE.

Question, if I get other offers under CSA (as QA Analyst) from other firms (B) during this time, what is the best approach with less risk?

I believe that the I-129 will be for new TN so if I go to border with new TN petition with B and get approved prior to a decision from USCIS for A, how will that impact me? Should I wait to see the result of I-129 and then apply at border?

Also, can border see USCIS result and vice versa? Does a prior TN denial of different firm impact much of the next (assuming same category)
 
What I mean specifically is, if I obtain a valid TN for B while USCIS processes A, does an approval of A automatically cancels the valid TN for B? From what I read it seems like that's the case. So is the best method to wait until a decision is made by USCIS and then proceed to border to new TN from B?
 
Approved (or denied) petitions in the same status do NOT affect previously approved TNs for another sponsor, either at the border or at the service centers, since you certainly can work for more than one TN sponsor.
What you read is incorrect.
So, if you get a new offer and they agree to have you get a border TN, do it. No need to wait for the other to be approved or denied.
 
Thank you, just to confirm, the USCIS peition for A will be for new employment, not concurrent since I don't have an employment, so if it gets approved after I obtain a new TN for B at the border and already enter US, would that not automatically invalidate my status with B? That's what I thought after reading, that one has to request a new concurrent TN at border/USCIS when switching jobs otherwise notice can't be given and one's TN status switches to new employer.

Also, Company A has said that if the USCIS application gets RFE they will not be able to go further. In that case is there a way for me to cancel the I-129 or does it matter? I assume it won't affect subsequent border TN right?
 
Did you read what I said? Approved petitions do not affect previously approved petitions. Period. They will not cancel your border TN. You could not ask for concurrent because you didn't have a TN when you applied, and your aren't using the new I-94 as a basis for filing I-129.
You can always cancel I-129 by writing to the service center.
 
Thank you. This helps potentially speeding things up.

My only concern there was with the timing, since both TNs are still CSA that gets under scrutiny and I thought that by waiting for USCIS decision first then go to border either with USCIS approval for A, or in case of denial/RFE on A then new TN at border for B would be less risky due to an prior TN denial of A. I don't want to be seen attempting multiple TN applications and jeopardizing my future US entries, would rather just try one more times and if it can't be done then move on.
 
So, if I do get a TN approved at border with B and enter US, and subsquently USCIS approves TN for A, I'm assuming if I want to take a job for A I will have to exit/enter the country in order to get a new I-94 right? At that point at the border can I ask for second/concurrent TN so as to decide and give notice?
 
since you did not provide a valid I-94 with your I-129, yes, you will need to go to border to activate TN with "A"; you will be issued an I-94.
You will already have the I-94 with B, so will not need to do anything about that at the border, except keep that I-94 as well.

Under the scenario you describe, you will leave the border with 2 I-94s, the one you previously got for 'B', and the one you get for 'A'.
 
Thanks for clarifying.

So I guess, best scenario is that I get two approved TNs and have time to decide which to work for and give notice, and worst scenario is that border denies approved USCIS TN for A when activating I-94 and revoking prior TN for B based on same criteria, and I go back to Canada.

Question, does one still have to use the same POE if USCIS approves the application that was previously denied at the POE?
 
It is possible for CBP to deny an approved I-129 on review -- for TN only -- but that would be on the grounds of admissibility, not a weak petition. If you were found to be inadmissible (crime, dual intent, etc), then you would be denied entry for all reasons, TN, tourist, whatever. So not likely to happen since you have crossed regularly, and have not filed for a green card or married a US citizen, and would have just recently gotten a TN at the border anyways.

You do not have to go a specific POE for your TN activation. It is a completely different petition. Even for a border petition, you don't need to go back to same one, as long as you have made the requested improvements to your petition, as shown on the checklist they give you. What you cannot do is go from one POE to another with the same papaerwork
 
Thanks.

I may file for DV 2020 lottery when not in US, on the off chance that I get it I won't have to do with TN in the future, but I understand that's not an intent for immigration simply by online submission. It's only until one gets selected and proceed with the paperwork then it becomes an intent and I'll worry about that then.

I'll likely still use the same POE for border TN with the second company given the convenience, but given it's a completely different sponsor and position (although same CSA) I think I'm safe in avoiding being considered repeated petition fraud. Does the TN letter need to reference any prior denial of TN? I don't think that's relevant right given the different employer.
 
Its not relevant even if it was the same employer.
I think you have asked enough questions. Move on with your petition.
 
Slightly off topic, but I left US and returned to Canada by plane 2 days before my B2 expires. However the I94 website still shows my B2 admission and does not show an exit record, is there anything to worry about?

I printed off the I94 from online and tried to give to CBSA agent, but they have no idea what to do with it and wouldn't take it. I asked and got an extry stamp in the passport tho, just in case.
 
So the USCIS CSA TN petition from Company A got RFE and they canceled the application.

In the mean time I got TN border application approved with Company B as a software engineer, since it's a different job. They used attorney as well but not Fragomen. The officer gave only one year instead of three, but I'll worry about that later.

I also have an offer from Company C that is the same role as Company B, and since they don't have a attorney I'm drafting the TN letter for them. I may start with Company B for now until all paperwork is done and go to border for new (concurrent) TN.

Question, does the type of the engineer matter? As in, is it more common to have software engineer rather than quality assurance engineer? I don't think it's found in the NAFTA list.

I know there's obviously risk of having my current TN with B revoked if I try another border TN again with C, if they don't approve the engineer position as it related to my background (engineering degree) . I'm going to apply TN for Company C 2 weeks after I start with B, and the reason being just better compensation and career opportunity, is that sufficient for the CBP?
 
So I managed to get TN for both B and a week later C. The duration for B was 1 year and C 3 years as stamped on my passport, but my I-94 did not change it seems and still has 1 year expiry, is this a concern? I plan to just let the officer know when I cross border again next time in a month to update the I94 info to match the valid TN for C for 3 years, or do I need to address this before I officially begin employment with either company?
 
Thanks. Do I need to go to Deferred Inspection Site or just whichever POE will do when I enter US again?
 
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