Chances of TN renewal after H1B application

T

tparvaiz

Member
Hi

I am currently on a TN visa, and my employer has recently/previously applied for my H1B. Unfortunately, it was not accepted as either the document was not filled correctly or my application wasn't selected through the lottery.

Q1. My TN is up for renewal in September of this year, do you see any issues or concerns that might be raised by US immigration. If you do, what is your suggestion?

Q2. Is there any other way to apply for TN rather than going to the border? It's not safe to travel now a days, plus, It gives me anxiety and shoots up my BP when I have to face the immigration officers (any alternatives?)

Thanks again for your assistance
 
1. TN and H1B are different Visa/status and have different requirements. It is possible to meet the criteria of TN but not H1B or meet the criteria of H1b but not TN. If you met the criteria for TN three years ago, you should meet the criteria again and should have no issues obtaining a new TN in September. Note, technically you do not "renew" a TN, you request a "new" TN status for up to 3 years.

2. Easiest and cheapest is to apply for new TN at closest land POE. Alternatively you can ask your employer to file I-129 for new TN status, currently it is taking about 2 to 4 months. If your company pays for premium processing, it should take two weeks.

Read through the TN forum, lots of details to learn. These are basic questions.
 
Re #1. H1B has the intention to stay in US vs TN is not. at the time of TN renewal, do you think I will be asked to explain my position on H1B visa petitions that were previously filed?

Re. #2. if my employer file for I-129 through a regular process and if everything is done within 2.5 months then I should not have any issues. However, what will happen if my new visa get's delayed passing the current TN expiry date?

Please advise

Thanks again
 
1. No concerns. The H1B is your employers petition, not your petition. The TN and H1B petitions are not related to each other.
2. If your current TN I-94 expires before your new TN is issued by USCIS, you are in pending status. No concerns, but you need to stay in US until new TN approval.

Please read the TN forum for more detailed explanations.
 
Just to clarify, a TN at the border for the same employer is indeed a "new" TN, but a REnewal by mail is NOT a new TN, but an extension of the existing one, this giving you grace period Amber mentioned (not available for border petition),
 
tparvaiz said:
Re #1. H1B has the intention to stay in US vs TN is not. at the time of TN renewal, do you think I will be asked to explain my position on H1B visa petitions that were previously filed?
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H-1B status lasts for 3 years at a time and there is no obligation for an H-1B worker to apply for a green card. Therefore, applying for H-1B is not conclusive evidence of immigrant intent. I do not think that most CBP officers would even treat it as weak evidence of immigrant intent.

If there is any issue of immigrant intent, it will be based on the totality of circumstances: How long have you lived in the US continuously? What ties do you have to Canada and how do they compare with your ties to the US? What statements do you make to the officer? (I suggest to mentally prepare yourself to be asked tricky questions.)

The only conclusive evidence of immigrant intent is filing an I-485 or an application for some other permanent status such as asylum.
 
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