Applying for TN while approved H1B

S

shevas

Registered Users (C)
Hi All,

As some of you know I am working on a TN visa since the last 4 years and have never had a major problem renewing it except once at the Buffalo border.
Now my TN visa is valid untill August, 2009 and my company filed for my H1B this year and got the approval notice for the same. I will need to apply for a TN visa before August to keep me in status untill I can go to get my H1B at the border which is anytime in the next 3 years.
My company lawyers are recomending to go to the border and get the TN inspite of my request to apply by mail. They do not want to get into the I-129 petition etc. I do not have a problem going in person to the border but worry is will an approved H1B pose any threat to the TN? I was once asked by the CBP officer in 2007 if my company has tried the H1B route for me? I said I do not know if they have tried that route(they actually had applied but I was not selected in the lottery). At the spur of the moment I really was overwhelmed and did not know what to say so as to not jeopardize my TN application and as a matter of fact H1B is a company's petition that an employee need not know about is what I thought at the time.
My worry is, if I get asked the same question now, I do not know how to handle that correctly so as to make my TN application as smooth as possible.Will having an approved H1B cause any concerns with the TN application?
Having said that, ideally how long should my TN term be for? 1 year or 3 years? I come under the Systems Analyst category.
Thanks a ton for all the help you experts provide.
 
Your H1 has absolutely no impact on TN. You need TN for august to october. Ask for as much as you need, for flexibility, since you will (if your H1 approval had no I-94 attached) need to go to the border at some point.

Do not be intimidtated by border agents.
 
Thanks a ton Nelsona for the information. How would you handle the question by the CBP - Has your company filed a H1B visa for this by any chance? I want to go fully prepared.
 
Thanks a lot Nelsona for the straight forward reply. The other question I wanted to ask is , would it be okay to go to the border to get my TN in the 3rd week of June as we are planning to visit some friends in Canada around then and having driven 10 hours each way I might as well get my TN applied for.
I called the Alexandria Bay border in NY and the officer said it is fine to apply early but you'll get your visa from June so you'd technically loose 2 months since you are applying 2 months early which is fine for me as long as I am accepted.
 
Please help

Has anybody gone to get a TN earlier than the previous one expired? Did anybody have success? I am planning to go the next weekend(June20th weekend) and my current TN is valid untill August. So you gurus please chime in!
 
My current TN was acquired about a month before the previous one expired. The border guard asked why I was renewing it early (most likely out of curiosity) and I answered that it was due to convenience.

I'm not aware of any issues with getting your new TN before the current one expires. They'll inform you that the new TN has to begin on the request date (june 20th weekend) instead of when your current one expires.
 
Hi Geccko,

Thanks for the info. Yeah I do not have an issue with the start on my TN being earlier so that should be fine.
Also, my wife's(non-Canadian passport) TD visa stamp in the passport is valid untill August end so she should be fine to get her I-94 along with me on the June 20th weekend without going through the stamping process for TD at the consulate,right?
 
Once your TN is finalized, her new TD should be quick and easy. This is based on my experience however coming from Canada. I'm unsure on how rules apply to other countries' citizens.

From my experience, I had to get stamped at the border when I got my new TN (I went alone). My dependents didn't have to as new TD requests were submitted by mail immediately upon my return.
 
To further discuss a previous question, I was confused when I saw information on this blog that said not to renew unless no more than 2-4 weeks before expiry of current TN (?) but I have renewed 2 months early in the past without issue (the officer made a comment about how I was wasting money by leaving time on the existing visa, but it was in the form of a joke). Where did this information come from (about not being able to renew earlier)?
 
It varies from POE to POE. Most won't renew or issue TN until days/weeeks before expiry. Some do.

Best not to count on early renewal.
 
You must log in or register to reply here.
Top