Get an offer in Jan, can I apply TN one month in advance? which border at Vancouver is easyto gt TN

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redleave

Registered Users (C)
I am a TN holder, I just got a new offer starting date in Jan. 2010.

I have three questions,

1. The new offer starts in Jan. Can I apply for a new TN at the beginning of Dec? one month in advance?

2. Do I have to go back to Canada to apply for it? can I apply for it at the city where I stay right now?

3. If I go back to Vancouver, which border is easy to go through? Some TN officer are nice, but some are really bad and want to find execuses to deny you. I had bad experience 3 years ago. Do I need to proof "strong tie" to Canada? I really don't have such documents on hand.

Thank you for help.
 
1. You can try.
2. If you applied for B2 when laid-off like I told you, you can do it from US. otherwise you need to leave US and re-enter to get TN
3. A sound petition obviates the need to shop for the right POE or officer. Make you petition as good as possible.
 
Thank you Nelsona, I should pay you for your answers:)

My current TN valid till 2012, but my termination day will be Dec. 03. 2009. I just got an new offer and the new job will start on Jan. 04. 2010. there has one month gap here.

1. Do I need to apply for B2 for one month gap? how long is the B2 application process?

2. If the TN officer ask me whether I still keep my current job, how can I answer? can they find out my termination date by their system?

3. Since I get an offer in Jan. what time should I apply for a new TN? one week in advance, two weeks in advance? or I can apply for it one month in advance? is there any rule for this?
 
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1. Yes.
2. You must answer, no. That is when you show them the B2 petition you submitted. See why B2 filing is important?
3. Each POE is different. certainly 2 weeks should be fine. Your problem is that you live in US. If you go to border early, and TN is refused, you will not be let in. You could have sent I-129 now for TN if you could have sent it before losing your job, that would have be better than B2 actully, since you have the job offer. But since you are not in status, you need to go to the border.
 
Nelsona, you are an expert for TN application;)

As I said, I haven't worked for my current company for more than 3 months, I am on medical leave with disability insurance, but I still an employee of this company until recently they sent me a letter stating that my position has been eliminated and my employment will terminated on Dec. 03. 2009. From my past 3 months, I don't have paycheck from this company, but I have paycheck from insurance. so I am eligible staying in the u.s. for my past three months. right?

My question is: How a TN officer could chek out whether I am employed or not, and how he can check out my termination date?
 
You were eligible because you were still employed by Company. You need to send either a B2 (I-539) or a request for new TN (I-129) before the 3rd.

When you go to border you are asked questions. They are trained to detect lies.
 
Nelsona,

I am tring to negotiate with my current company to delay my termination date to the end of Dec...Thus my termindate is on the end of Dec. And my new offer starts at the beginning of Jan.

If so, can I apply new TN visa by mail through I-129 form? Can I work for my new company with new TN visa suspending?

Thank you in advance.
 
You can file for new TN by mail right now, there is no need to negociate anything with old company. What have you been doing all week? Your status will be TN-pending, which allows you to stay legally in US, but you will only be able to begin working when the TN is approved.
 
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