USCIS I129 for First Time TN Applicant

G

godhelp123

New Member
Dear Friends,

I am going to first time apply for TN Visa. I stay in Canada. I wanted
to get TN approval through USCIS (by filing I129 petition) option instead of going to
the border option. Can someone having sound knowledge on this issue kindly advice if this can be done for
first time TN applicants, thanks in advance.
 
why would you want to apply through USCIS (I129)? That will take 3-4 months. Doesn't your employer want to start right away? (or two or three weeks)
you can drive to the border, during normal business hours (9-5 mon-fri), dressed business like attire, bring all you documentation (offer letter with 3 year duration is very important), and apply for TN status. if everything is in good order, your TN will be approved on the spot (usually takes 20 mins, or so, they will take photos and fingerprints, i suspect they run the finger prints through some database).
you can drive back home in Canada, pack your bags and fly to your final destination to start your job in the next week or two.
why wait for I129 approval for 3-4 months? (or maybe longer now)
 
Amberleaf, I specifically asked for I129 option because with it one does not need to get interrogated by border officials,
which sometimes can be quite intimidating. In my case because of my very old I140 approved
they can give me a lot of trouble. Secondly i129 can also be done with premium processing (takes 2 weeks).
thirdly if one tries TN option at border and get denied, my understanding is that his/her chances of future travel to
US can also land up in jeopardy. Hence please advice if I129 option can be done for 'First time' TN applicants or
it can be used only for extension/or change of status.
 
okay. understood now. thanks for background info.
i understand it is possible to file I-129 under premium processing (for 2 week decision or RFE), but premium costs over $1000, and at border it is only $56 to apply for TN. (employer will pay for your PP?)
i have heard that they may be more likely to ask for RFE if you apply through I-129 premium .
it is best to speak to your employer's lawyer to confirm what is best in your situation.

lets see what others have to say in this forum.
 
godhelp123 said:
Dear Friends,

I am going to first time apply for TN Visa. I stay in Canada. I wanted
to get TN approval through USCIS (by filing I129 petition) option instead of going to
the border option. Can someone having sound knowledge on this issue kindly advice if this can be done for
first time TN applicants, thanks in advance.
Click to expand...

I have recently done my TN extension through USCIS (filed I129 by my employer), its not the first TN, but the second TN. It took a month to get approval, my employer filed (normal processing) on Nov 1st and got approved on December 1st. I am not sure, each case will have the same timeline. If you check the recent processing times for Vermont centre, it is 2 months backlogged, premium may be an option if you want to get it done in 2 weeks.

It is easy and straightforward if you can get it done at border instead of filing I129, however, you have a I140 scenario, so, we have to wait and see if someone has any experience dealing with this in the forum to share their experience.
 
I-140 will have no impact on either border or mail-in TN petitions. Be aware that even a mail-in petition done with I-129 from outside US, will still have border scrutiny, not only to determine admissibility (as usual), but CBPO (the border) will also review the I-129 petition. Unlike H1-B, which cannot be overturned at the border, a TN I-129 certainly can, since CBP feels that I-129 from outside is kind of stepping on their jurisdiction.

So, I-129 if you live in Canada (unless you live in the far north) is probably unnecessary and a waste of funds. But it certainly can be done, with or without some old I-140 hanging around your file.
 
Thanks CDN9 for throwing some light. But I am going to be applying for TN first time.
For me if I129 could be filed, that would be best then as I wont have to interrogated so much by
the border officer. Thanks,
 
Thanks Nelsona for very wise advise. My priority is EB3 India July 2009, and as you Visa bulletin is showing priority date for EB3 india as (Final: Nov 2006; Filing: Jan 2008). Can Border official see the priority is not that far and reject due to this ???. Though in reality even 1 year difference in EB3 india can mean many yrs.
 
nelsona said:
Re-read me previous post. You will be interrogated just the same.
Click to expand...

@nelson

I have got mine and my dependents TN status got extended within US. I am going to Ottawa for my dependents TD visa stamp as she is a non-Canadian. I have approval notices for all three of us. Should I detach the I-94 portion of the approval notice and stick it to the old I-94 which is expiring on Jan 30th. Or, simply carry the approval notices and while crossing back to US, the CBP officer will look at the approval notice and issue a I-94 and stick it in the passport?

I have a copy of the I-129 petition prepared and sent by my employer to USICS, Vermont. should I carry that also? incase, officer want to have a look at it?
 
godhelp123 said:
My priority is EB3 India July 2009, and as you Visa bulletin is showing priority date for EB3 india as (Final: Nov 2006; Filing: Jan 2008). Can Border official see the priority is not that far and reject due to this ???
Click to expand...
As nelsona mentioned, 140 has no bearing on the decision to grant you TN. That will be strictly based on merit. No the cbp officer likely won't even care about 140 or your PD etc. Until you file 485, you haven't declared immigrant intent. If i were you, I'd just get a solid tn package and head to the border to request for tn status
 
If your old I-94 is still valid, you should use that until then, and then replace the I-94 in your passport. likely in January. So keep the I-94s intact. The consulate will look at these, but shouldn't need to do anything to them. Then enter US as usual, all on the old I-94s if still valid, with your spouse showing her new TD consular visa.

You can bring the I-129 for the consulate to review for granting her TD visa.
 
nelsona said:
Your kids are Cdn, yes? If so, they need no stamp, just like you.
Click to expand...

Thanks nelson for the reply. I have one Canadian and one American Kid, so, for my Canadian kid, same like me, she don't need the visa stamp, my other kid has American passport, so, he is fine too!

All our current I94s are valid until January 30, 2018. We are driving and crossing into Canada on Jan 30th.
Our visa appointment @ Ottawa is on January 31, 2018, as suggested I will carry the I129 and approval notices of all of us and all the documentation submitted with it, in case, the officer at consulate want to have a look at it.
Hopefully, we will have our wife's TD visa stamped by Feb 2, 2018.

We will drive back to US on Feb 2nd and enter US using the new I94s that are attached with I-797A approval notices. I am just thinking, to tear off the I-94 portion of it and attach it to the current expired I94 cards, so that they can have a look at the old I94 and take it back, keep the new I94 intact in the passport, or, they may reissue a new I-94 matching the date that is on approval notice which is Jan 29th 2021. Because, the approval notice I received has two bottom portions; one is I94 card with no expiration date on it and on the other side, has the same information with an expiry date indicated (Feb 8, 2021). I am not sure, whether I should detach the I94 portion and staple it to current I-94 or just leave it like that and give the entire I-797A forms to the border officer, he will detach and place it in the passport. If you have some idea, please share.
 
If you are returning to US after the old I-94s are expired then you put the new one in your passports, removing the old ones. That is your responsibility, not CBP. Take the decision out of their hands.
 
nelsona said:
If you are returning to US after the old I-94s are expired then you put the new one in your passports, removing the old ones. That is your responsibility, not CBP. Take the decision out of their hands.
Click to expand...

Thanks Nelson! I will do as you suggested, I will staple in the new I94s to the passport when returning back to US. Is that OK as there is no expiration date indicated on the new I94?
The previous one which is issued at border has an expiration date. The officer might have to punch in the control # to find out the expiration date on the new I94s.

What should I do with the old I94s? Give it to CBP while returning back?
 
The old I-94s are yours to keep. Since you are continuing in status, there is no need to hand them in as proof of departure.

Are you sure there is no validity dates on your I-94? There should be.
 
nelsona said:
The old I-94s are yours to keep. Since you are continuing in status, there is no need to hand them in as proof of departure.

Are you sure there is no validity dates on your I-94? There should be.
Click to expand...

My approval notice has top portion with dates: valid from January 31st 2018 to January 29th 2021.

Bottom portion has two sections:

Left side: printed as

Detach this Half for Personal Records

Receipt #
I-94#
Name:
Class: TN1
Valid from 01/310/2018 UNTIL 02/08/2021

Petitioner
My employer name and address



Right side:

I94#

Receipt #
US Citizenship and Immigration Services

I94 Departure Card
Petition Name: My employer name

Family Name
Given Name:
Date of Birth:
Country of Citizenship: CANADA

Looks like, I need to detach the entire bottom portion and attach it in the passport, then it has all the info with the validity dates, not just the right portion?
 
Sure. I used to staple the information portion into my last page of the passport. They will probably issue you a new I-94 based on that.
 
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