Question about the filing of I-129 for TN Extension

hasteroth

hasteroth

New Member
It's probably a bit of a dumb question, but who is supposed to fill out the I-129? I see stuff where tons of people are talking about themselves filling out the I-129, and others talking about employers. So I'm confused, is my employer supposed to, am I supposed to? Or are both an option?

If I'm able to fill it out myself, then is the "Petitioner" the company I work for or is it me?
 
Actually I believe I figured it out. The employer has to petition. Now my employer is more or less just sort of tolerating me using them for a TN Visa as I am not required to be in the USA to perform the job (I work from a home office). I've been on my TN status since last summer and it is expiring in June (they only gave me 1 year at the border as my original job contract stated the contract would renew after 1 year).
I really would rather save myself the arduous journey back to the border to reapply for TN Status... But my employer is generally only willing to do so much for me as I am an independent contractor (not a regular employee), even if I can convince them to sign and mail me the I-129, they aren't about to go through the trouble of mailing the petition to USCIS for me, nor would they be willing to pay my filing fee. (I was already provided with the support letter).
So if I paid the filing fee and mailed it from my home address, would that be a problem?
 
That would be fine and is done all the time. Make sure it goes to them however.
Of course, if you are not in the US, why are you even bothering with TN? That is only useful for work on US soil.
 
Crap. Boss just informed me they won't be able to sign my I-129 since I'm not a "full employee" and they don't want "liability." I don't want to press the issue, I worry it might jeopardize my job.
So I have no choice but to renew at the border yeah? No way I can petition for my own renewal?

Also if you might be able to give me a list of everything I'll need? I have a new, updated support letter...

Also about the letter. They decided to give me a digitally signed copy accompanied by a "Hellosign Audit Trail," I REALLY don't want to press this issue either. That won't be a problem at the border will it?
 
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Technically, you can e-file an I-129, and send follow-up paperwork, including the signed letter. I would at least start one and see how far you can go, using the person who signed your letter if necessary.

Company being a bit of a prick. Even the digital signing, what a load of crap. And WTF is a full employee anyway?

And just a piece of advice, for immigration and US residence purposes, do not refer to your girlfriend as your fiancée until you are ready to marry. having a fiancée has certain immigration intent overtones which could get you kicked out of the country until you apply for a K visa.
 
USCIS changes the files it allows e-filing from time-to-time. I guess they have "temporarily" stopped e-filing of I-129 for a few years now.

Time to either go to the border (arduous, really?!) or convince your lousy employer. either way it needs to be done before your current expiry date.
 
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