TN Status in lieu of L-1B Status?

Hi folks,
Me and my US based employer are looking at moving me from one of our Canadian office to our main American office.

With the L-1B there is a question as to how special does special knowledge need to be to qualify. In the normal world of software development is anyone doing something so truly unique as to qualify? I know the product, our tools, our processes, etc... but we're not splitting atoms, just making B2B services and software.

I have the required degree, work experience, job type, and Canadianess to 'easily' qualify for TN status, but I cannot find any info in regards to using it while already employed with your US employer. Is it possible? If not, can my employer create a position in the US office, I resign my position in Canada and then apply for that job in the US? It sounds silly I know, but is that a possibility?

Thanks

Typical. I continued searching and found this... kinda my exact question - same profession too - minus the wife bit:
http://www.naftatnlawyer.com/nafta-tn-b ... riter.html

Although that blog post, still doesn't address the question about it being an existing job - and effectively a company transfer - versus a new job.

If you fully qualify for the TN, go for it.

If the TN category is iffy, go with the L1B. L1B is not that hard to get contrary to what the internet posters say. Just show that the company has its own technique or policy that makes you an asset to the company.

"I know the product, our tools, our processes, etc... but we're not splitting atoms, just making B2B services and software."

Our tools? Our processes? If it is something that your company does that is unique or special, you will almost certainly have specialized knowledge within the company.

LAWS: The TN status - degree, job category, experience, citizenship - is all above board and objectively cut and dry. That and that TN status requires less paperwork, has me liking that option.

Previously I have worked in the UK and Ireland, where the job offer - plus all my supporting particulars - is used to get a work visa. So in my head I have been equating (incorrectly) the TN1 Employer Letter with an Employer's job offer letter.

Most of the anecdotal evidence online and official info on TN status makes the assumption that it's a new job and company and not the same job and company and just a new office location, as they usual mention job offer this, new job that. Subsequently, me being a dumby read it as being for new jobs, but it just seems that's the typical scenario and the info reflects that.

Initially I was thinking, well I cannot show up at the CBP interview and have a CV/resume that lists my 'last' job employer and position as the same as my 'new' job. But I reckon I am simply getting my knickers in a twist over nothing.

L1 is slightly better status for you if you are married, as it allows spouse to work, and is better if transitionning to a permanent residency.

You are eligible for both. Its between you and your firm how to handle this.

But I reckon I am simply getting my knickers in a twist over nothing.

Most people do. Good luck.

Thanks both for your replies.
Being a pessimistic so and so, I don't have the greatest confidence in our HR dept and like to get as much info on my own as I can.
Cheers