New I-94 form vs. Change of employer status

Could someone please explain to me the difference between [b]applying for a new TN visa/I-94 form[/b] and [b]petitioning for a change of employer[/b]? Th...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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jaclyn_m
New Member

Joined: 06 Dec 2007
Posts: 6

Posted: Sun Dec 09, 2007 7:15 pm

Could someone please explain to me the difference between applying for a new TN visa/I-94 form and petitioning for a change of employer?

Thank you.

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Dec 10, 2007 2:52 pm

Getting a new TN at the border means applying for TN status at the border and CBP issues an I-94 card. A change of employer is a TN petition filed with USCIS. You don't depart the U.S. during this process. You have to maintain employment with the first TN employer to be able to file with the second employer, and there is no H-1B portability: you cannot begin working for the new TN employer until the petition is approved. Unless you premium process, it will take months for USCIS approval.
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com