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
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