Could a new employer file for TN visa
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?
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.
Are you Canadian or Mexican? If yes, then yes. But IANAL.
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
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.
Thank you all; super helpful!
The only thing to watch out for is TN+GC. Can be done but there are real risks and gotchas. GC is really the ONLY reason to switch from TN to h1b.
Really, why is the only reason? Does it even make sense to get GC if one could in theory stay on TN indefinitely? I guess you have to keep renewing it but there’s no limit to number of times you renew correct
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?
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?
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.
Thanks! Sounds like I need to ask my immigration lawyer if they filed a COS.
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.
I thought canadian get tn-1 work visa the same way australians get e-3
Well. It's a visa, but you are correct on the process.