Using I-129 form

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bgtz

New Member
Hello forum. I'm seeking advise for my situation. Let me explain:

I'm a Mexican national currently on a TN visa, issued last year around July, and working for a company in the U.S. When I issued my visa, the support letter from the company stated my time of employment as being only 1 year, so both my visa and I-94 expire next July. The company is now trying to extend my TN by using an I-129 form so that I don't have to leave the country.

Now, a situation just came up: I'm in the middle of interviews with another company here in the U.S. If things go well, I should be getting a job offer in the next couple of weeks. I can see two scenarios:

A. By the time I get the job offer, my current company has not issued an extension using I-129 form yet.
B. By the time I get the job offer, my current company already issued an extension using I-129 form.

If scenario A, my plan is to tell my current employer to stop the process and then resign. In this case, my question is: Can the new employer use I-129 form to request both an extension of my TN visa and a change of employer?

If scenario B, is it possible for the new company to use again I-129 form to request a change of employer?
If yes, should they use it only to apply for a change of employer, or also for an extension again? (assuming I-129 form can be used for various purposes at once).

I know the easiest option would be to go back to my country and reissue a TN visa from scratch with new employer, but I'm trying to avoid traveling during June due to personal reasons.

And lastly, a couple of general questions:
1. How long does it take (in average) to process an I-129?
2. Will the USCIS need my passport during the processing of the I-129 form? (I ask this because I would like to issue a Canadian visa during this time and would like to make sure my passport will not be needed)

Your advise would be greatly appreciated. Please let me know if you need more details.

Thank you
 
No one? Ok, I'll make a simpler question:

If I change jobs, is it possible for my new employer to use I-129 for two purposes at the same time?
1. Extend the TN visa
2. Change employer

Thank you
 
I-129 does nothing to your visa. They will grant your 3-year TN, but you will evenatually need to get a new TN visa at a consulate.
 
nelsona said:
I-129 does nothing to your visa. They will grant your 3-year TN, but you will evenatually need to get a new TN visa at a consulate.
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And I do understand that, I never said it does something to my visa. In fact, my visa expires next July, but I-129 would extend my stay-in period so that I don't have to leave the U.S. and issue a new TN.

So again, my question is: can I use the I-129 form to apply simultaneously for an extension of my stay and a change of employer?
 
You did ask if I-129 could be used to "Extend the TN visa". Your words.
Please reread my answer: "They will grant your 3-year TN".
So, again, that means both an extension (since you do not have 3 years left now) and the obvious change in employer.

Please take care with both the words you use, and then how you read the responses.
 
nelsona said:
You did ask if I-129 could be used to "Extend the TN visa". Your words.
Please reread my answer: "They will grant your 3-year TN".
So, again, that means both an extension (since you do not have 3 years left now) and the obvious change in employer.

Please take care with both the words you use, and then how you read the responses.
Click to expand...

Reread your first answer please. You said nothing about the change of employer, and is not obvious to me. If it was, I wouldn't be asking. But thanks for clarifying this time.
 
The gratitude is simply dripping from your post. have you not read an I-129? It states as an option: New employment. and if your new employer is sending an I-129, wouldn't it obviously be for new employment.
 
And this is where it is not clear for me. There's also the option of "Change of employer". If choosing this option, I'm not sure if it also automatically applies for an extension, or if it's only for the change of employer until my current TN expires (which would be very soon). I do appreciate your help, and sorry if I was harsh in my replies. I just wished you could've elaborated a bit more in your first answer, that's all. Sorry, and thanks for the help.
 
In all cases, whatever your petitioner requests in terms of duration will be granted: For an extension of curent employment, it will be 3-years from the current expiry. For new employment, it will be 3-years from petition approval date.

But it would never be merely a change of employer with the same expiry date that you currently have.
 
nelsona said:
In all cases, whatever your petitioner requests in terms of duration will be granted: For an extension of curent employment, it will be 3-years from the current expiry. For new employment, it will be 3-years from petition approval date.

But it would never be merely a change of employer with the same expiry date that you currently have.
Click to expand...

Thank you, that was a very helpful answer.
Now, I have another question:

If my current employer has already submitted an I-129 and it is currently under processing, can I travel to Mexico during this time and issue a new TN visa for the new employer? Or should I first cancel the ongoing I-129 application?

Thanks in advance for any help you can provide.
 
Leaving US does nothing to a pending I-129 (it does cancel a pending I-539, but not an I-129).
If you are going to Mexico to get a new TN/visa for a NEW employer, then there is nothing to be done with the old employer's I-129. It will be approved or denied in due course with no affect on the new one. It is their I-129, not yours. From a practical point of view, there is no need to alert your old employer that you are thinking of leaving them. if it gets aproved and you are no longer working there, it doesn't matter to you.

If you were going to Mexico to get a new TN/visa with the OLD employer, you would first get the new TN and THEN cancel the pending I-129, just in case the I-129 would later be denied. You would not cancel the I-129 first, just in case you hit a snag. In fact just before your consulate appointment, you would verify whether or not the I-129 was approved, and then inform the consulate to use that approval to process your visa.
 
nelsona said:
Leaving US does nothing to a pending I-129 (it does cancel a pending I-539, but not an I-129).
If you are going to Mexico to get a new TN/visa for a NEW employer, then there is nothing to be done with the old employer's I-129. It will be approved or denied in due course with no affect on the new one. It is their I-129, not yours. From a practical point of view, there is no need to alert your old employer that you are thinking of leaving them. if it gets aproved and you are no longer working there, it doesn't matter to you.

If you were going to Mexico to get a new TN/visa with the OLD employer, you would first get the new TN and THEN cancel the pending I-129, just in case the I-129 would later be denied. You would not cancel the I-129 first, just in case you hit a snag. In fact just before your consulate appointment, you would verify whether or not the I-129 was approved, and then inform the consulate to use that approval to process your visa.
Click to expand...

Thank you for your fast and detailed response... it is incredibly helpful. Now I have a clear view of the situation.
Again, sorry if I was impolite in the beginning. Thanks for you help.
 
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