Question for TN status employer addition

uRNmyway, ASN, RN · May 16, 2013

Ok, so some on AN may know I am in the US on a TN status. My initial status was applied for in June 2012, good until June 2014. This job has been hard on me, so I started looking for another position. I was recently given a fantastic job offer at a hospital that is known for being an amazing employer.

Here is my problem. Total Catch-22 situation.

I initially considered just completely changing my status for this new employer. Whole new application. BUT they will not write a TN specific job offer letter. They have a standard, generic job offer letter they give to everyone. This letter is very detailed, even describes the benefits package. It was missing a job description, and they gladly printed one up for me when asked. Big glaring omission? End date for the application. They refuse to put an end date for term of employment, even if I have explained to them that a end date does not mean that I would stop working for them, as they could easily just reapply for a new status. I was told that they had already dealt with this with other Canadian RNs who are currently on staff, in the USA on TN status. Their immigration attorney insists this is ok.

So, I'm sure an immigration attorney knows more on this than I do. But when I was reading up on this for my initial application, it said that the main reason people are refused TN status is because of the whole end date thing, or not being able to prove non-intent to immigrate. So I'm worried about this now. Because I am flying to Canada this weekend to get my status change.

I met an immigration attorney yesterday. She told me that she had never dealt with ADDING an employer to a TN status before, didn't even think you could. But if it is something I have done before, then she recommended just adding this employer to my current status, since the end date is automatically no later than June 2014. She said it SHOULD work.

I was just wondering if anyone had any input or similar experience on this. Anyone tried this, and had it work, or NOT work? Thanks all!