Want to keep my old TN status after a petition for a new one was approved

antonio.q

New Member
Hello people, I hope everyone is doing well,

I am a Canadian citizen currently employed with Company X in the US under TN status (CSA category). Recently, I received and accepted a job offer from Company Y. They filed a TN Change of Employer (US-TN USCIS COE) petition via premium processing, which was successfully approved. However, I have since been promoted at Company X and decided to stay, so I'd like to withdraw my acceptance of the job offer with Company Y.

Question: does the approved US-TN USCIS COE petition filled by the Company Y affect the TN status I'm currently holding with Company X? Can I just ignore the newly approved petition and continue my existing employment as usual?

Any help would be appreciated.
Thanks.
 
It sounds like you can only now work for Company Y. If they filed an I-129 to "Change Employer" for a TN, you can only work for Company Y. To work for Company X you would need another TN for them.

The only way you could continue to work for Company X is if the new I-129 petition had "Concurrent Employment" selected. This way you could actually work for both X and Y
 
Don't I need to actually start working for Company Y in order for these changes to kick in? And in addition, don't I need to apply for a new I-95 when I enter the US next time in order to 'officially' change my employer? I believe this approval is granted specifically for the latter. I carefully asked the law firm that prepared my I-129 application and they stated "This TN approval with Company Y will not impact your TN approval with Company X", so I'm very confused right now.

Thank you for your help.
 
Since this is a change of employer, and you are in the US, you will be automatically issued a new valid I-94 when your petition is approved. You need to stop working for X immediately, and can then work for Y.

Unfortunately, your lawyer filed incorrectly, and should have said New Concurrent employment, which is exactly what that category is for.
 
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