Could a new employer file for TN visa

Google
Switzlernd

Go to company page Google

Switzlernd
Apr 27, 2019 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?

comments

Want to comment? LOG IN or SIGN UP
TOP 23 Comments
  • Amazon
    kqsK74

    Go to company page 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, 2019 3
    • Amazon
      gtj5d

      Go to company page Amazon

      gtj5d
      Well. It's a visa, but you are correct on the process.
      Apr 27, 2019
    • Google / Eng
      shito

      Go to company page 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, 2019
  • Google
    Switzlernd

    Go to company page Google

    Switzlernd
    OP
    Thank you all; super helpful!
    Apr 27, 2019 7
  • Google
    Switzlernd

    Go to company page 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, 2019 5
    • 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, 2019
    • Google
      Switzlernd

      Go to company page 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, 2019
  • Amazon
    gtj5d

    Go to company page 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, 2019 0
  • Google
    Switzlernd

    Go to company page 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, 2019 2
    • Broadcom Ltd. / Eng
      headbanger

      Go to company page Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbanger
      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, 2019
    • Google
      Switzlernd

      Go to company page Google

      Switzlernd
      OP
      Thanks! Sounds like I need to ask my immigration lawyer if they filed a COS.
      Apr 28, 2019