travelling out of country on L1B while TN i-129 petition is submitted

Question

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?

Answer 1

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.