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

[sedona]

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]

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]

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.

[sedona]

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]

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]

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

[sedona]

Thank you so much as always Nelsona!

Couple of followup question on re-entering on the L1 -
- Do I need to show any other document at POE during re-entry using the L1?
- If dependent(s) status has changed, is it possible to apply for their status change (to L2) from within the US after my re-entry?

[nelsona]

1. It would be good to show the approved TN, and then explain that you will not be using it, and would like to re-enter on existing L1.
2. Unless your family also petitioned for TD (I-539 would have been filed for this along with your I-129), then they would resume L2 when you took back L1.

[sedona]

Yes, I-539 was filed with my I-129. Previously, they were on TD (my spouse's TN).

So, *after* I re-enter on the L1, I would apply a change of status to put them on L2?

[sedona]

That is, the change of status application from TD to L2 will be done from within the US (after my re-entry with L1). Is this okay?

Also the TN has already been approved, but I am waiting for the approval confirmation copy through mail. Will there be an issue if there is few weeks gap between the TN approval and my re-entry (I was with the L1 company during this time)? The start date for the TN Job is in the new year.

[nelsona]

As I said, you may already be a TN, if the I-797 has an I-94 attached. If it doesn't, then you don't need to do anything to stay in L1 status.

Obviously there is no urgency to change your kids' status, since they are in valid TD status, based on spouse. Just make sure to do it before their I-94 expires, or before your spouse stops being TN (which btw, would be an important detail to add when you started this conversation).

The question becomes why you submitted request for TD when they were already on TD?
Your posts have been very confusing by dropping tidbits of new info in each post!

[sedona]

Thank you Nelsona for your reply and Thank you so much for your patience.

I totally understand how new info was being added in each post and I apologize for that. It was because things were changing on us frequently through this process and we had to deal with the new things that were coming along the way.

Kids were on TD based on spouse's TN initially, but I included them in my TN petition because we recently learnt that my spouse's job is ending soon(end of this year). So currently they are on TD based on my TN. That is why I was asking if the change of status from TD (based on my TN) to L2(based on my L1) can be done from within the US after my re-entry. I'm now planning for re-entry on first day of new year and apply for change of status to L2 for kids and spouse after my re-entry.

[nelsona]

OK
Remember too, that on L2, your spouse is entitled to EAD to work wherever she wants without needing a sponsor.

[sedona]

I just checked the I-797A (copy), It has I-94 on it.

- After my re-entry can I make the change of status, for dependents(L2), from within the US (using which form)?
- Or Is it better for my spouse and kids to re-enter at the same time with me (do I need to fill a form for this at POE)?

- Do I need to show any other document at POE during re-entry using the L1?
- Am I required to provide poof that I am still with the L1 company?

[nelsona]

So, you cannot currently work legally for the L1 company, since you are now TN.