should i apply new TN?

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vancouver99New Member
Topic author
Posts: 2
Joined: 27 Mar 2008

should i apply new TN?

Post Thu Mar 27, 2008 5:26 pm

i currently hold a TN under petition from companyA. then my boss in this company A opens another company B. right now, i were get paid througth company B. my job position is not changed and anything is the same as the time i worked for company A.

does some body have the similar experience as me. in this scanerio, should i keep renewing the TN by filling 1-129 form. or should i apply for the new TN?
any suggestion will be appreciated it!

thanks
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Fri Mar 28, 2008 9:34 am

Depends on the relationship between the two companies. If one company owns the other then you probably don't need to do anything.
Steve.
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thamiltonNew Member
Posts: 2
Joined: 5 Apr 2008
Location: Richmond, VA

Post Sat Apr 05, 2008 6:13 pm

I went through the exact same thing a few months ago. According to the letter of the law you are supposed to re-apply immediately if your company goes through this type of re-structuring. However I didn't and waited until my current TN was about to expire with Company A and then went to the border with my letter stating that Company A had re-structured and spun off Company B and I had been transferred to that company.

At the border I even told the officer that we had re-structured when he asked if the TN was from the same company. Then on my I-94 form he just wrote Company A/Company B. Not sure if this is normal but clearly in my case they didn't see any issue with the change. I think financial or corporate re-structuring are so common that they are just used to them.

If I was to do it again I would probably just re-apply the next time I crossed the border just to be sure it never came back to haunt me. (My paychecks started coming from Company B on Jan 1 and I renewed in mid Feb)
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