Help with TN denied

M

Manconsulttn

Registered Users (C)
I tried to renew for a 2nd time a TN as a management consultant to start my 3rd year of employment. Denied because of "a consultant work should be temporary, not intent for full time employment."

Got a B-2 visa for 2 weeks to pack my stuff and get out of the country. Somebody suggested me to an adjustment of status from B-2 to TN and explain the situation and wait for an answer.

My work will be completed within a year (5 or 6 months)

Any comment on this would be very much appreciated.
 
You can file an I-129 to change status and get TN, but it must be submitted before B-2 expires. And you cannot work nor leave US during that time, so best file premium, otherwise you will wait 4 months.
 
Isn't Manconsulttn at least need to receive a receipt from USCIS in order to avoid overstay? As what I learn, it usually take around 2 weeks to receive the receipt from USCIS. With a B2 only valid for two weeks, seems time is running out if filing change of status from B2 to TN (by mail). Maybe using e-filing with premium processing could be faster?

Since it's TN renew denied, your current TN is still good and valid (unless it is expired already). BTW, did your TN denied at a POE or by USCIS?
 
Dear wfdl08

The TN was denied at Champlain NY port of entry. The nature of my work is linked to each project the company has. This "recurring" idea didn't fit well with what the officer got on his mind. The thing is that my initial contract says exactly this, I got absolutly no problem to renew it 2007 at the same POE.

I was presented the form I-539 to fill for an adjustment of status from B-2 to a TN. I've been told I can work during the process.

Thanks for your help
 
If I've said it once, I've said it a thousand times renew by mail.

Unless your TN is straight forward (Electrical Engineer doing Engineering) then you run a great risk of being turned down. The most difficult to get is the MC category.
 
wfdl08 said:
Isn't Manconsulttn at least need to receive a receipt from USCIS in order to avoid overstay? As what I learn, it usually take around 2 weeks to receive the receipt from USCIS. With a B2 only valid for two weeks, seems time is running out if filing change of status from B2 to TN (by mail). Maybe using e-filing with premium processing could be faster?

Since it's TN renew denied, your current TN is still good and valid (unless it is expired already). BTW, did your TN denied at a POE or by USCIS?
Click to expand...

The submission of the I-129 will keep you legal. The few days with no valid I-94 is not a big deal (it happens all the time when TNers extens status by mailing I-129 on the last day) The receipt is merely the extra proof.

.. and obviously his TN was denied at the border by CBP.
 
Re: Help with denied TN

My TN has expired on May 23. I went to Champlain NY POE on May 22, then re-apply on May 25 with a new updated contract instead of a renewal letter from my employer.

Yesterday, I went to the USCIS local office where they gave me a I-539 form to request an adjustment of status from a B-2 to a TN and I've told that I can resume work during the process.

So, should I go with the I-539 or the I-129? Can somebody confirm that the information "can resume work during process" is true.

Thanks
 
This is completely WRONG. You cannot change your status to TN using I-539 (simply read the form). You need an I-129.

And, since you are not extending your TN status, (it is gone), you can't use the 240-day grace period to continue working.

So, no, you can't keep working.

Remember, it is YOUR responsibility to maintain your legal status, not some CIS flunkie.

Local offices have no jurisdiction on any I-129 issues (since these can only be processed at service centers), so as swizzle servants they only know (barely) what they are currently working on. They agent might as well have been giving you advice on how to fix your car.
 
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nelsona said:
This is completely WRONG. You cannot change your status to TN using I-539 (simply read the form). You need an I-129.

And, since you are not extending your TN status, (it is gone), you can't use the 240-day grace period to continue working.

So, no, you can't keep working.

Remember, it is YOUR responsibility to maintain your legal status, not some CIS flunkie.

Local offices have no jurisdiction on any I-129 issues (since these can only be processed at service centers), so as swizzle servants they only know (barely) what they are currently working on. They agent might as well have been giving you advice on how to fix your car.
Click to expand...

Would you take a chance of sending a I-129 anyway? When I went to the POE, I got the I-129 with me dated 05/20/2008.
 
I don't understand what you mean referring to I-129 at the POE. The POE has no interest in I-129.

In any event, you have 2 and only 2 courses of action open to you to keep this job:

1. BEFORE your B-2 expires, submit an I-129 to change to TN. Premium processing would be called for at this time, since you are now unemployed and presumably in a hurry to get back to work.

2. Try again at the POE. Not advisable.


Your other choice is to move back to canada.
 
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nelsona said:
I don't understand what you mean referring to I-129 at the POE. The POE has no interest in I-129.

In any event, you have 2 and only 2 courses of action open to you to keep this job:

1. BEFORE your B-2 expires, submit an I-129 to change to TN. Premium processing would be called for at this time, since you are now unemployed and presumably in a hurry to get back to work.

2. Try again at the POE. Not advisable.


Your other choice is to move back to canada.
Click to expand...


nelsona is right. If submission of I-129 is sufficient for your legal stay, then file I-129 to USCIS asap! Be sure to file I-539 together with I-129! Good luck!
 
I am sorry to hear that.

1) Can you tell us which POE you went to?
2) Are you a contractor or working full time for the US company?

Generally, MC is seen as a consultant's job (short term) than full time....

Manconsulttn said:
I tried to renew for a 2nd time a TN as a management consultant to start my 3rd year of employment. Denied because of "a consultant work should be temporary, not intent for full time employment."

Got a B-2 visa for 2 weeks to pack my stuff and get out of the country. Somebody suggested me to an adjustment of status from B-2 to TN and explain the situation and wait for an answer.

My work will be completed within a year (5 or 6 months)

Any comment on this would be very much appreciated.
Click to expand...
 
wfdl08 said:
nelsona is right. If submission of I-129 is sufficient for your legal stay, then file I-129 to USCIS asap! Be sure to file I-539 together with I-129! Good luck!
Click to expand...

One does NOT file I-539 along with I-129. I-129 is all that is needed. The 'change' in status is implied, since you are requesting a specific classification: TN.
 
Since you didn't even mention her yet, what do you think? What status is she in right now? My guess is NONE. So unless she got a B2 when you did, no, she cannot submit I-539, she must wait for your TN approval, and then go to the border with that. She will be out-of-status until then.

... and before you ask, your non-US kids should do the same.


... and you still didn't answer what you were talking about with I-129 at POE.
 
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nelsona said:
Since you didn't even mention her yet, what do you think? What status is she in right now? My guess is NONE. So unless she got a B2 when you did, no, she cannot submit I-539, she must wait for your TN approval, and then go to the border with that. She will be out-of-status until then.

... and before you ask, your non-US kids should do the same.


... and you still didn't answer what you were talking about with I-129 at POE.
Click to expand...

Yes, she got a B-2 also. I did have a I-129 with me when I went to the POE. They explained that this was useless as it is the form when you renew by mail. This form is no longer good as it was to renew my TN. This TN is now expired. So my employer is preparing another I-129. Still remain the question about my spouse.

Thank you so much for all your help
 
You should append her I-539 to your employer's I-129. No need for hers to be Premium Processing.

I wouldn't say that the I-129 is "no longer good". All that needs to be changed is the box for "extension" to "new".
 
nelsona said:
You should append her I-539 to your employer's I-129. No need for hers to be Premium Processing.

I wouldn't say that the I-129 is "no longer good". All that needs to be changed is the box for "extension" to "new".
Click to expand...

I suppose that the fee of 300.00 for the I-539 apply to her case?
 
Ye$

The CBP officer did not do you any favours by denying your case.

Ahn inherent weakness with the TN system.
 
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