Applying for a new TN visa few months before the current one expires.

D

Dashrezak

New Member
Hello,

I am a Canadian citizen working in the US on TN status. My current TN will expire in February 2018. I have a business trip to Canada in October and my employer suggested to apply for a new TN status when I reenter the US. The company lawyer is also initiating a GC process and he also recommended to get a new TN status soon because he prefers to file AFTER I have a new TN status.

Now my question is, when I apply for a new TN status at the boarder when I am entering the US, will it be a questionable action to apply for a new TN status while my current one is still valid for another three months? I don't want to get denied because of applying too early.

Also is there a difference between applying for a NEW TN status and extending the current one? The lawyer asked me to get a new TN instead of applying for extension. I am not sure if the process is different or not.

Thanks a lot for your help.
 
There is certainly no harm in asking. You/firm are costing yourselves 4 months of TN time (since they will only grant 3 years from now, not February).
it is Always a new TN at the border never an extension; only mail-in I-129' can be extensions)
But asking for a new TN for the same job 4 months early at the border almost NEVER is accepted, so you will probably have to apply by mail in any case.

But there is no harm in asking.
 
nelsona said:
There is certainly no harm in asking. You/firm are costing yourselves 4 months of TN time (since they will only grant 3 years from now, not February).
it is Always a new TN at the border never an extension; only mail-in I-129' can be extensions)
But asking for a new TN for the same job 4 months early at the border almost NEVER is accepted, so you will probably have to apply by mail in any case.

But there is no harm in asking.
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Thank you for your answer.
My intention is actually ask for the new TN two months before the current one expires.
Just to make it clear; you mentioned there is no harm in asking. By that do you mean asking for a new TN at the boarder? In other words, the worst outcome is that I will be denied and will have to wait until the end of February to apply again, right?
 
4 months, three months two months, you said October for February expiry.

In any event, the normal successful period is weeks not months before expiry.

Simply ask if you can get a new TN with existing sponsor. If they say it is too early, then off you go. It is not a "denial", it is simply a refusal to look at the petition. Just don't get or let your employer or their lawyers get in a twist about it. Send in I-129 or go back later.
 
nelsona said:
4 months, three months two months, you said October for February expiry.

In any event, the normal successful period is weeks not months before expiry.

Simply ask if you can get a new TN with existing sponsor. If they say it is too early, then off you go. It is not a "denial", it is simply a refusal to look at the petition. Just don't get or let your employer or their lawyers get in a twist about it. Send in I-129 or go back later.
Click to expand...
Great advice. Thanks a lot for your help.
 
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