Filing Form i-129

[BritiCan]

Hi All,

I'm here as a TN1 and have been since April 2013. My status expires in November of 2018. I got married last year and am 7 months pregnant. I just received a really good job offer in Tennessee (my husband and I live in Georgia) and we are about to move up to Tennessee to be closer to his family for when the baby comes. I just filed for AOS last week and have since realized my predicament in that my TN status is tied to my employment here in GA.

My new employer in Tennessee has agreed to file an i-129 on my behalf and pay the expedited processing fees in the hopes that I can still begin my new employment on July 2. The problem here being that I need USCIS to process the i-129 before they begin processing the AOS or I risk being denied and having to wait until my EAD comes through.

So I'm wondering if anyone has filed an i-129 before and, if so, on Q4 - requested action - which box do I tick to transfer my TN status to my new employer?

I know this is risky and may not pan out. I am incredibly stressed about this and on the verge of a breakdown so please - good news only? Or at least be gentle with bad news? We depend on my salary and health insurance for the baby and my new employer was going to give me 10 weeks paid maternity leave (something my GA employer of 5 years wouldn't give me). We NEED to get to Tennessee before the baby comes.

Thanks

[inadmissible]

You are married to a US citizen, right? I assume that is the basis on which you applied for adjustment of status. If that is the case, there is no consequence to you remaining unlawfully present (which would be the result of you no longer working for your TN-1 sponsor) or working without authorization (which would be the result of you taking on employment from someone other than your TN-1 sponsor), as long as you complete the adjustment of status process.

If you are gaining permanent residency through some other means, or if you are not confident in the completion of your AOS, then you should focus on getting a new TN-1 sponsor, otherwise I don't see how it is worth the trouble

Nobody DIY's non-immigrant foreign worker petitions. It is always cheaper for a business to pay an experienced practitioner rather to risk any mistakes in the process. As such, you will not find helpful guidance here in competing USCIS Form I-129. That said, USCIS does publish very well written instructions

[BritiCan]

You are married to a US citizen, right? I assume that is the basis on which you applied for adjustment of status. If that is the case, there is no consequence to you remaining unlawfully present (which would be the result of you no longer working for your TN-1 sponsor) or working without authorization (which would be the result of you taking on employment from someone other than your TN-1 sponsor), as long as you complete the adjustment of status process.

If you are gaining permanent residency through some other means, or if you are not confident in the completion of your AOS, then you should focus on getting a new TN-1 sponsor, otherwise I don't see how it is worth the trouble

Nobody DIY's non-immigrant foreign worker petitions. It is always cheaper for a business to pay an experienced practitioner rather to risk any mistakes in the process. As such, you will not find helpful guidance here in competing USCIS Form I-129. That said, USCIS does publish very well written instructions

Yes, I am married to a US citizen. We have been married for just over a year and I have otherwise maintained my status since arriving in 2013.

I'm reading conflicting reports about whether being married to a US citizen is an exemption to the rule that engaging in unauthorized employment is a bar to AOS. Can you point me in the right direction of the appropriate authority?

[inadmissible]

Can you point me in the right direction of the appropriate authority?

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7418.html#0-0-0-5803