Early TN Visa extension

F

flyingcats

New Member
My TN visa is expiring in Aug 2019 and I have like 4 months. I would like to go to the border and request a new TN (from the same company) in order to get a 3 year extension. My question is Will I be able to extend my TN visa early enough by getting a new TN visa from the same company?
 
You cannot get a border TN with so much time left. To extend, you can file I-129 up to six months ahead.
 
@nelsona
I am a canadaian and have a job offer in USA (joining in June). I can't risk leaving my canadian current employer until I get a TN visa without any issues. Can I now travel to a POE get a TN visa and return back to Canada? In June 1st week when I go back will I have to go thru same TN process?
 
No, it is too early to this. Your sponsor can apply by mail for a future starting date.
 
@nelsona
Thank you and greatly appreciate your support in this community. Its amazing what you have been doing for us... please help me with these questions.

I am first time TN visa applicant. My new employer is ready to file an I129 in premium processing.
  1. Once I get the I129 approved can I quit my current job in Canada?
  2. For one of such members, you replied saying to wait until he gets I-94 to leave the current job but how its possible can you please explain?
  3. I-94 is given only if I arrive on USA soil right? How can I come back and wait for 2 more weeks notice period and give a notice to my current employer?
  4. Say for eg: My joining date is 7th July and I get my I129 approved by June 21st, when can I travel to get my I94?
  5. After getting my I94 if I return back to Canada don't I have to get another I94 when I go back?
 
maybe i'm wrong, but...

I-129 TN application is only for changing the status of a person who is already within the USA

If you are currently outside the USA, you are expected to present yourself at a USA Port of Entry and make a normal TN application. If your application is approved, you are given an I-94 valid for the duration of your TN Visa status. You may leave & re-enter the USA on that same I-94.

The TN visa is intended for people who are entering the USA to begin work immediately. If the CBP discovers you have an intention to immediately return to Canada and continue working there, they will likely reject your application and tell you to try again only after you have quit your job.
 
Incorrect grant, I-129s -- even for TNs -- can be submitted for those outside US (in many cases this is the only way to get a work permit). There is no requirement for the beneficiary to be in US, unlike I-539 which is a CHANGE of current valid status.
Also, it os quite possible to get a TN before quitting previous jib (one would be a fool not to), by driving to the border, getting the TN, contacting you new employer after crossing (in essence reporting for work), and then going back to Canada and finishing work/packing, etc.
 
@nelsona
So I should ask my new employer to provide a closer start date, travel to USA get stamping and all. Then return back to Canada and give a notice to my current employer.
 
@nelsona thanks
One more question, my work location in chicago, but I am planning to apply for my TN status in Rainbow bridge location. Is that a problem? Why I ask, I might get my TN status and return back to Canada in another 2 days. Please confirm.
 
@nelsona
Update
My employer's lawyer is highly against getting a I-129 due to lack of time and he suggests me to go to a border to finish the TN process.
My work location is Chicago.

What my lawyer suggests,
Go to Rainbow bridge (Niagara falls), get TN visa stamped and return back to Canada.
Is this advisable? Won't I have question like why I have to get a TN visa in Niagara falls, while my job location is Chicago? What should I say if they ask me that question?

What I suggested is this..
The offer letter currently has a July 22nd start date, In couple of days from now, I travel to Chicago to get my TN visa stamped and stay for at least 2 days. This way I have no questions about my start date or work location during my initial visit, since its well under just 10 days from my actual start date and its my actual work location. Then return back to USA after my 2 weeks notice period at my current employer.

Which option is better?

This is my first time TN. I have a meeting with my employer team & legal team to put my case :).. Any immediate help appreciated
 
Last edited:
There is no need to go to Chicago, if you are not starting work. They will grant TN at border between now and 22nd without problem, regardless of what you do after you cross.
 
Thanks @nelsona

So what should be my answer to such questions,
  • why are you getting TN visa at Niagara falls if your job location is Chicago?
  • Should I say I visited here just to get TN visa and I will return back to Canada to gather my stuff?
 
tnvisaneeder said:
Thanks @nelsona

So what should be my answer to such questions,
  • why are you getting TN visa at Niagara falls if your job location is Chicago?
  • Should I say I visited here just to get TN visa and I will return back to Canada to gather my stuff?
Click to expand...
You should be able to answer that by stating the true reason that led you to decide to apply at NF. If the second part is true, state it if a query comes up.
 
Thanks @1AurCitizen & @nelsona

Had a meeting with the legal team and this what they suggested.
  • Offer letter has July 29th as the start date.
  • I am going to Odensburg border on July 19th to get TN visa.
  • Return back to Canada immediately after getting TN visa.
  • Then travel back to Chicago when things are ready.
Hope there isn't any problem if I return back immediately. If you have any tips for me to convince border officers please let me know.
 
@nelsona @1AurCitizen @grant2
Question regarding I-94.

In the above thread @grant2 replied this
" If your application is approved, you are given an I-94 valid for the duration of your TN Visa status. You may leave & re-enter the USA on that same I-94."

But CBP website says this
"Upon exiting the U.S., travelers previously issued a paper Form I-94 should surrender it to the commercial carrier or to CBP upon departure. Otherwise, CBP will record the departure electronically via manifest information provided by the carrier or by CBP."

Confused. Can anyone clarify please? In my case I will immediately return back (may be after 1-2 hrs) after getting my paper I94, so when I return back if I surrender my I94, whats the proof that my TN visa processing is complete when I travel next?
 
Yes, you can obtain TN status at any POE and then return to Canada. Then return to US a few days later to start your job.
You do not hand in your I-94 when you return to Canada.
Your TN status is linked to you passport number, so it is all electronic, in the CBP system.
The only time you hand in your I-94 is when you return Canada with no intention of returning to US on TN status (ie. after quitting job in US).

In 2015 I obtained job offer for engineering job in California. I requested TN status at Queenston/Lewiston bridge in Niagara falls New York state area, (as well as TD for family), a few days before I flew from YYZ to LAX. I stayed in US for a few hours, opened US bank account, eat lunch at restaurant, then returned to Canada.

The CBP officer did not ask why I was applying for TN in Niagara Falls, when my job was in California. They are familiar with many Canadians from the Greater Toronto Area requesting TN status for jobs in US.
Odensburg should be fine as well. Relax.
 
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