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My current employer got me the L1B. However, they were not interested to sponsor me for Green Card. In the meantime, I got an offer from another Fortune 500 employer that is willing to sponsor me, but can only take me with TN. They sent the TN i-129 application yesterday. Today, my employer told me that they are okay with providing required documentation for the sponsorship as long as I pay for the processing fees.

Is there a simple way to withdraw the TN i-129 petition? If I go out of the country and come back, can I get in with my L1B (L1B expiry is next year)? Will traveling and re-entering the country get the TN i-129 petition abandoned?

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Is there a simple way to withdraw the TN i-129 petition?

Yes. The prospective employer who submitted the petition can write a letter to USCIS informing them that they are withdrawing the petition.

If I go out of the country and come back, can I get in with my L1B (L1B expiry is next year)?

As long as you still work for your L-1B employer and continue to fulfill the other criteria for L-1B status, and return before your visa expires, yes.

Will traveling and re-entering the country get the TN i-129 petition abandoned?

No.

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  • @phong Thank you for the answers. "Yes. The prospective employer who submitted the petition can write a letter to USCIS informing them that they are withdrawing the petition." - Does this work even if it is a Premium Processing? - Is there enough time for USCIS to receive the withdrawal before it is approved? - If the withdrawal arrives after it has been approved won't it put me in an odd situation? i.e Old L1B is invalidated and not sure what will happen to the approved TN.
    – simbocha
    Nov 14 '18 at 6:39
  • What is the best way (petition was submitted couple of days ago now) at this point to get the petition withdrawn without affecting my L-1B status?
    – simbocha
    Nov 14 '18 at 7:04

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