TN - new job

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penjoy777
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Joined: Mon Mar 09, 2009 7:27 pm

TN - new job

Post by penjoy777 » Tue May 10, 2011 2:49 pm

My wife and I are currently Canadian citizen working on Tn and H1 visa respectively. She is looking for new prospects/opportunities and has already got an offer!
Her visa at current job location expires in early 2012. I know with the new employer she would require a new TN. The question I have is -
1) Should we get the visa first at her new employment before quitting the first job (just in case, if the visa might be denied she would at least have the first job Tn still active!).
2) Can she have 2 Tn's simultaneously?
2) Can she mail all the applications without going to the border for new TN?
3) Would there be any issue with the CBP while applying for this new visa before quitting the first job?

Thanks

nelsona
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Post by nelsona » Tue May 10, 2011 3:39 pm

1. Of course. to do otherwise would be potentil suicide.
2. yes.
2. Yes, but unless the new employer is willing to pay premium processing ($1K), she will have to wait several weeks before working.
3. No. Just make sure she keeps first TN I-94 when getting 2nd.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

penjoy777
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Joined: Mon Mar 09, 2009 7:27 pm

Post by penjoy777 » Tue May 10, 2011 5:51 pm

Thanks nelsona! So, at the border when we apply for the new TN, would it matter that she would have a full time TN (present employer) along with a new Tn (full time!) with her future employer!
If she gets a new TN, will the CBP take the I-94 from the old employer or we need to make it clear at the border that she will still be working with the old employer for at least 2 weeks time after she resigns!

nelsona
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Post by nelsona » Tue May 10, 2011 9:17 pm

They understand the transition. She absolutely needs to keep her old I-94 in oder to keep working.
But, if push comes to shove, rememebr that giving notice is always optional.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

penjoy777
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Joined: Mon Mar 09, 2009 7:27 pm

Post by penjoy777 » Wed Jun 15, 2011 11:02 am

Thanks nelosna! I have one more question -
I have received the TN letter from the new employer, however, the employer is not willing to put the duration (3 years) in the letter indicating that it implies into a contract!
Instead a start date followed by "provided that she has active TN visa" has been worded out by the employer.
Would that be sufficient?

nelsona
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Post by nelsona » Wed Jun 15, 2011 11:23 am

Yikes! No way!

The yneed to put a duration. The words are "not to exceed 3 years".

She won't get an " active TN visa" without this.

The company is putting the cart in front of the horse.
1. Company decide the duration , then
2. CBP gives a TN for that duration, Then
3. the company keeps her employed, keeping her TN valid.

They need to do step 1.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

nelsona
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Post by nelsona » Wed Jun 15, 2011 11:26 am

Just to clarify 3:
3. the company keeps her employed, keeping her TN valid, OR lets her go, ending both her employemnt and her TN. It is a temporary job after all.


No lawyer would be able to claim "a term not to exceed 3 years" as anything more than just that: one day to three years.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

penjoy777
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Joined: Mon Mar 09, 2009 7:27 pm

Post by penjoy777 » Wed Jun 15, 2011 11:50 am

Thanks again for a quick response! You are the best!
That is what I thought as well, but the employer is being "rigid" in his wordings and I have been struggling to persuade them from day one on this issue! Lets see

nelsona
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Post by nelsona » Wed Jun 15, 2011 2:01 pm

Do you and your wife work for the same employer? It seems that you really shouldn't be the once trying to persuade them.

SHE needs to convince her employers that without these words, her TN will be denied.

She could of course simply go to the border and prove this. WHo knows, maybe she will hit a weak POE and be granted a TN, for how long though, heaven knows.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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