Impact of travelling on L1B while TN i-129 petition is submitted

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sedona
Posts: 11
Joined: Fri Jan 26, 2018 11:48 pm

Impact of travelling on L1B while TN i-129 petition is submitted

Post by sedona » Tue Nov 13, 2018 8:41 pm

My current employer got me the L1B. However, they were not interested to sponsor me for Green Card. In the meantime, I got an offer from another Fortune 500 employer that is willing to sponsor me, but can only take me with TN. They sent the TN i-129 application on Friday. On Monday, my employer told me that they are okay with providing required documentation for the sponsorship as long as I pay for the processing fees.

Is there a simple way to withdraw the TN i-129 petition?
If I go out of the country and come back, can I get in with my L1B (L1B expiry is next year)?
Will traveling and re-entering the country get the TN i-129 petition abandoned?

nelsona
Posts: 15374
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Impact of travelling on L1B while TN i-129 petition is submitted

Post by nelsona » Thu Nov 15, 2018 12:28 pm

Wouldn't they have to send the money with the petition? Or are they asking you to reimburse their costs? In any event, the TN petition is sent and has to be paid for regardless if you now cancel it. Wouldn't this have been something to discuss BEFORE sending the I-129? Sounds like you may be dealing with a firm that will treat you in a second-rate manner, regardless of their supposed prestige.
To answer your Q's:
1. You would do this by sending a letter to the Service Center handling your case, quoting the petition number.
2. Only if you are still working for the original employer.
3. No. I-129's are technically the petition of the employer, so your leaving US does not make it abandoned.
Nelsona Non grata. Non pro. Search previous posts.

nelsona
Posts: 15374
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Impact of travelling on L1B while TN i-129 petition is submitted

Post by nelsona » Thu Nov 15, 2018 12:30 pm

If the I-129 gets approved, it will automatically become your status, so if you don't intend to work for them, make sure you cancel the petition, or you will have to leave US and re-enter on the L1 before resuming work at L1-employer.
Nelsona Non grata. Non pro. Search previous posts.

sedona
Posts: 11
Joined: Fri Jan 26, 2018 11:48 pm

Re: Impact of travelling on L1B while TN i-129 petition is submitted

Post by sedona » Wed Nov 21, 2018 5:43 am

Thank you nelsona for your reply.

Sorry, I should have clarified when I said "my employer". It is my current employer (L1) that said "they are okay with providing required documentation for the sponsorship as long as I pay for the processing fees." . Is this even possible?

You said ["If the I-129 gets approved, it will automatically become your status, so if you don't intend to work for them, make sure you cancel the petition, or you will have to leave US and re-enter on the L1 before resuming work at L1-employer."]. Does this apply even after the TN is approved? That is, after the TN is approved can I leave the US and still re-enter using the L1 and keep working with the L1 employer? What happens to the new TN?

The new (TN) employer is actually willing to start the processing from the first day (I believe I have to go through the H1B and my country of origin is from one of those where the priority dates are current)

sedona
Posts: 11
Joined: Fri Jan 26, 2018 11:48 pm

Re: Impact of travelling on L1B while TN i-129 petition is submitted

Post by sedona » Wed Nov 21, 2018 5:45 am

From immigration point of view, which one is better? L1 with an employer that is not keen to sponsor(will provide docs, but fees will be paid employee - I don't mind paying the fees) or TN, but will have to go through the H1b route?

nelsona
Posts: 15374
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Impact of travelling on L1B while TN i-129 petition is submitted

Post by nelsona » Sun Nov 25, 2018 4:40 am

You do not need H1 regardless of country of origin
See the TN forum on immigration.com for full explanation of this and answers to your other questions
Once you get TN you can no longer work on L1 unless you leave and re-enter
Nelsona Non grata. Non pro. Search previous posts.

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