Will companies failure to amend my TN visa affect future green card?

[maplesyrup2022 0]

I worked off and on in the US from 2020-2023 completing rotations through various divisions within my company. I entered the US on a TN visa as a manufacturing engineer. My visa was approved for three years. I worked in Illinois for parts of 2020 and 2021. For the first half of 2022 I was out of the country for work before reentering the US in July 2022 to work for my companies sales office in Ohio. My company never amended my TN visa to reflect the new position.

 

My visa expired in 2023 and I moved back to my home country for work. I re-entered the US in September 2024 on an L1 visa. I am in the process of applying for a green card through my husband while on L1 status. Will my companies failure to amend my past TN visa affect the green card process? 

 

I was not aware that my TN visa was never amended until a couple of weeks ago. 

[Boiler 46,107]

Is the Sales position a TN category?

[maplesyrup2022 0]

It was a technical engineering sales role. 

[Boiler 46,107]

Was it on the TN list?

[maplesyrup2022 0]

Sales engineer falls under the TN category. 

[Demise 1,337]

Main question how are you adjusting via your husband? Is he a citizen and you're adjusting via marriage, or is he adjusting by work and you're tagging along?

In either case it shouldn't be a factor. We can definitely debate whether working the wrong job for the correct employer on TN is a status violation, however in the former case it's not a factor, in the latter case 245(k) would cover you.

 

Only circumstance where it's worth digging deeper into the specific case law would be if hubby's a permanent resident and you're seeking to adjust an F-2A. Though worst case scenario in case like this you'd just need to do consular processing (go pick up the visa in Canada rather than adjust in US).

Edited Tuesday at 01:05 PM by Demise

[maplesyrup2022 0]

He is a US citizen. USCIS has approved further visas since the TN where my employer laid out my experience working in the sales engineering role. 

[Demise 1,337]

50 minutes ago, maplesyrup2022 said:

He is a US citizen. USCIS has approved further visas since the TN where my employer laid out my experience working in the sales engineering role. 

Yeah you'll be fine.

[mitzab 296]

Your company's failure to amend your TN visa to reflect the change in position may raise questions during your green card application process, as maintaining proper visa status is important. However, since you are now on an L1 visa and applying for a green card through your husband, USCIS will primarily focus on your current status and eligibility. Be prepared to explain the situation if asked, and consult an immigration attorney to ensure your application addresses any potential concerns about your past TN visa compliance.