Two I-129 Applications

A

arun_2681

Registered Users (C)
Hi,

Please see the following scenario:

If one, being a Canadian citizen, is on current active TN status with expiry on 08/15/2013. Her company also already applied for TN status extension I-129 application via mail in standard processing on 06/01/2013 (same day of receipt notice). It is still being processed by USCIS. The current processing time (as per USCIS website) is 2 months, so she should get the I797A approval notice by 08/01/2013 latest.

On 07/12/2013, she gets an offer with a new company, which is ready to do a TN by mail, along with premium processing. If this application is submitted on 07/17/2013, the approval notice should be received by the new company around 08/01/2013 (2-3 weeks premium processing time frame).


Based on the above scenario, would the USCIS cancel the I-129 TN extension petition with the current employer when they receive the new TN I-129 petition from the new company because both the petitions are for the same beneficiary.

Thanks a lot for your help and assistance.
 
Would they cancel? Of course not. Both I-129s are viable, and mutliple filing are permitted for teh same beneficiary.
She can contiue to work for Firm A, even past expiry date with the 240 day grace period, as long as she stays in US. And she can start to work for firm B as soon as that petition is approved.
 
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