I-129 denied by USCIS

shaohahaha2018

New Member
Hi All,

My lawyer filed an I-129 with USCIS to get me a TN visa, i tracked my case today and it says denied. Lawyer said that even though USCIS says denied it will approve your consular notice, I.E. let you get the TN visa the consular way when entering the US.

I'm not sure what he's talking about, is anyone had any similar stories?
 
Canadian citizens don't need to get TN visas. I think they are referring to being admitted into TN status at the border.
 
So, as your lawyer hinted (apparently using the wrong terms), an I-129 denial does not prevent you from attempting to get a TN at the border.

One would, of course, learn WHY the TN was denied, and have that issue addressed before a border attempt.

Another example of why filing I-129 to get an initial TN is not worth it.
 
@nelsona so if the I-129 was denied because the USCIS agent decided that the USMICA Classification on the TN-1 didn't relate to the job title/description, can the USMICA classification be changed on the support letter and then go to a POE with the changed support letter classification or is that an issue that can be addressed?

Did not want to start a new thread but can with more info and past visas
 
You can write a new letter and go to the boder, but the underlying issue must be addressed: Is your job in line with your quals and the changed TN classification.
 
You can write a new letter and go to the boder, but the underlying issue must be addressed: Is your job in line with your quals and the changed TN classification.
it was approved before for a L1 and then H1, and H1 extension with the old classification and I have been doing the job for close to 6 years in the USA.
Long story on why they changed it but one of the CBP agent before escorting me to secondary said I needed my actual degree not a copy and said come back with your actual degree plus the petition letter date was too old as it was just a couple days passed the 30 day. No denials nor withdrawal forms were written as they never reviewed the petition in the secondary area. Walking me out I asked what I else I needed and a quick review they questioned how my degree relates to the classification as they were not the same.
So they changed the classification to match the degree in the letter but something else popped up and they decided to go through USCIS but never changed it back to the old classification that was approved by USCIS before and when I found out I it was too late and I said oh crap they messed up. This is not going to end well.

In addition the letter states a position title (I have seen your other posts about not stating a position) and also a description of the day to day wrok.

Thanks for the advice.
 
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@nelsona also from read your passed posts, which is actually obvious, going to POE with the unchanged petition that was denied be USCIS is basically 'shopping' around and is going to get denied there too and get you into more trouble then correcting the issue.
 
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