Could a new employer file for TN visa

Google Switzlernd
Apr 27 23 Comments

Anyone know if a new employer could file a TN visa for someone while that person is in the lottery for an H1-b? (And currently on a different visa)? And could that TN visa be approved before the person decides to jump companies?

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TOP 23 Comments
  • Amazon kqsK74
    TN is not a visa, it is a status. TNs are granted at the point of entry. Typically, you present your documentation (offer letter, etc.) to the border agent who will decide to accept or deny your entry.
    Apr 27 3
    • Lyft preipo
      I thought canadian get tn-1 work visa the same way australians get e-3
      Apr 27
    • Amazon gtj5d
      Well. It's a visa, but you are correct on the process.
      Apr 27
    • Google / Eng shito
      Actually, if you call yourself immigrant, when you are a non-immigrant, it can confuse the officer at the border. This is just like that. TN as Amazon pointed out, is indeed a status.
      Apr 28
  • Google Switzlernd
    OP
    Thank you all; super helpful!
    Apr 27 7
    • Amazon gtj5d
      Like h1b TN is restricted to some specific occupations, so getting GC gives you the freedom to do any work you want.

      Also like h1b if you lost your job on TN you have to leave the country whereas with GC you could live on your savings as long as you like while looking for work.

      So GC has clear advantages over h1b or TN.

      For h1b vs TN it depends. I guess the other advantage of h1b is the h4ead, if it doesn't get cancelled. TN spouse can't work.

      But in other ways TN is better. You can get it faster, transfer it faster, there's no cap, and no limit on how many times it can be extended.
      Apr 27
    • Google Switzlernd
      OP
      How long does have one have on TN if they lose their job as grace period to stay? Can they come back on a tourist visa? Is it the same length of time as H1-b?
      Apr 28
    • Amazon gtj5d
      You are immediately out of status and should leave the US right away, where lawyers will say that means within a week. Yes you can then re-enter as a tourist and stay for 6 months.
      Apr 28
    • Google Switzlernd
      OP
      Is that reentry possible immediately?
      Just want to plan for the worst case scenarios :).
      Is that the same length of time for H1-b as well? I heard H1-b has 60 days.
      Apr 28
    • Amazon gtj5d
      No TN doesn't get 60 days
      Apr 28
  • Google Switzlernd
    OP
    Hm doesn’t answer my question. I am already in the US and my visa is tied to my current employer. I am wondering if I could jump to a different employer via TN visa.
    Apr 27 5
    • Amazon kqsK74
      Are you Canadian or Mexican? If yes, then yes. But IANAL.
      Apr 27
    • Google Switzlernd
      OP
      Yes Canadian.
      Thanks!
      I have an immigration lawyer I can consult but wondering if I can save those $100 by asking this community. Just want to validate I’m not wasting my time chatting with some other companies right now. Am sure I’ll figure out the details if I end up further in any processes
      Apr 27
    • Amazon kqsK74
      Please talk to your attorney. Any mistake with immigration procedures can have serious long-term consequences, including but not limited to being banned from US soil.
      Apr 27
    • KeepTruckin dyLo25
      Yes. I just did that. There are two ways to go about it. Go back to your country and get the new visa or do the paperwork here. If you decide to do it in your country and you are Canadian you can do it in the port of entry. If you are mexican you need to do it in a consulate.

      I'd you decide to do it without leaving the US, you just need to file some paperwork and pay for faster processing if you need it. Takes like 2 weeks. You can still be employed while you do that.
      Apr 27
    • Google Switzlernd
      OP
      Thanks all!! Yes will definitely talk to an attorney when I’m closer to those kind of decisions.

      Would it be stupid to lose my spot in the h1-b lottery (for an h1-b starting October 2019) for a tn, if I were to find the right opportunity? Is there any downside to being on a tn indefinitely, or reapplying for h1-b while on tn? I’m also in the green card process (started dec 2018 and anticipate I’ll have it by May 2020), so would also be giving that up.

      I’m generally happy where I am but feel I could be seeing more growth externally. I don’t want to make life more complicated than it needs to be however, and I now own property in the Bay Area.
      Apr 27
  • Amazon gtj5d
    You can have multiple TN visas, so you could get a new TN for the new employer. You can even work for more than one employer with TN by having multiple TN's at the same time, one for each employer.

    When you enter just present your paperwork for all employers and they will stamp them all into your passport.

    No conflict between TN and h1b application either.
    Apr 27 0
  • Google Switzlernd
    OP
    Thanks, hadn’t been aware of that site.

    I am on an L1-A. We filed as a “consular notify”, meaning I would have 3 years to invoke the H1-B, if I attain one, and should I choose to. I assume a COS would’ve been filed alongside my H1-B?
    Apr 27 2
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      If no COS has been filed along with the H1B application, you’ll need to take a trip to Canada or Mexico and activate the H1B on the way back at POE where a new I-94 will be issued.
      Also, should you choose to join another employer on TN, your current employer is required by law to withdraw their H1B application for you.
      Apr 28
    • Google Switzlernd
      OP
      Thanks! Sounds like I need to ask my immigration lawyer if they filed a COS.
      Apr 28
  • Broadcom Ltd. / Eng
    headbanger

    Broadcom Ltd. Eng

    PRE
    Intel, Broadcom Ltd.
    headbangermore
    I think the last COS (change of status) takes effect. If your H1B has been filed along with a COS request and it gets approved after your TN, then your status becomes H1. These types of questions are best asked here:

    https://forums.immigration.com/forums/tn-status.230/

    What is your current status?
    Apr 27 0