I-129 Mail-In Questions.

[jacobrocks]

Hi,

I am currently trying to fill my I-129 form for extension to my current TN work permit.

I have some questions and hope members can help out.

I would like to submit (mail) the extension myself and not go through my recruiting firm. I wanted to make sure I correctly fill the information on the I-129 form. My extension is still through the same recruiting firm and my contract is merely an extension. To be clear it is a continuation with a previously approved employment.

Below are some questions that I have or wanted to be clear if I am correctly filling the correction info.

Part 1

1) I will be filling #2 with organization of my firm. It states to fill number 1 (employer is an individual) or number 2 organization)

2) Part 1 - 3. Filling with my home address. However I see J-Federal Identification Number, K Individual Tax Number, L Social Security Number. I have a SSN but I am not aware of J or K. Is this to be provided by my employer (recruiting firm)?

Part 2

1: TN, 2: B
3: N/A correct? This is my first extension via mail.
4: E

Part 3
Does beneficiary mean myself? Just want to be clear as I work insurance and beneficiary usually means spouse or legal entity (other than myself) for payment.


Part 5
1: Do I put job title as stated in my original TN job classification?
2: What do I fill for LCA or ETA case number?
4: Itinerary included with petition? Can someone clarify?
6: CNMI?

Part 7
Do I fill this out or Part 8? SInce I am preparing this myself.

Part 9
Trade Agreement - TN Section
1. N/A for name of petitioner since I am filling this myself? or fill both?
2. Beneficiary - My name
Part 2 or Part 3 for my signature and info since I am filling this myself?

Thanks for all your help.

 

[CalGreenCard]

1) I will be filling #2 with organization of my firm. It states to fill number 1 (employer is an individual) or number 2 organization)

Your actual employer has not changed. It remains an organization.

2) Part 1 - 3. Filling with my home address. However I see J-Federal Identification Number, K Individual Tax Number, L Social Security Number. I have a SSN but I am not aware of J or K. Is this to be provided by my employer (recruiting firm)?

Nope. Your employer's address. Your employer is the petitioner. The only number that needs to be filled in here is the federal employer identification number. This should be available on your W-2 tax form from 2012.

1: TN, 2: B

Agreed.

3: N/A correct? This is my first extension via mail.

Agreed.

4: E

Agreed.

Does beneficiary mean myself? Just want to be clear as I work insurance and beneficiary usually means spouse or legal entity (other than myself) for payment.

Yes, you are the beneficiary.

1: Do I put job title as stated in my original TN job classification?

Yes.

2: What do I fill for LCA or ETA case number?

N/A. These aren't applicable to TN status.

4: Itinerary included with petition? Can someone clarify?

"No". Not relevant if you are applying for extension of status within the US.

6: CNMI?

Commonwealth of the Northern Mariana Islands. Will you be working in US territorial islands near the continent of Asia? If not, then the answer to this question is 'no'.

Do I fill this out or Part 8? SInce I am preparing this myself.

Your employer--not yourself--is and must be the petitioner and only your employer or their representative can fill out/sign this section. Part 8 would be filled out by your employer's attorney, if any.

1. N/A for name of petitioner since I am filling this myself? or fill both?

The petitioner is your employer and this must be filled out as such.

2. Beneficiary - My name

Agreed.

Part 2 or Part 3 for my signature and info since I am filling this myself?

Part 2--your employer's signature.
Part 3--your employer's attorney's signature.

Your own signature has no place on this form because you are here in the USA at the pleasure of--and solely for the benefit of--your employer. Legally that is the situation you face.

 

[nelsona]

... and you will still need to provide a TN letter signed by your sponsor, as part of the supporting documentation. This is in the specific instructions peratining to TN applicants.

This is NOT your petition. You may wantt to fill the paperwork yourself (why?) but it is the sponsor's responsibility and duty, not yours.

Sounds like you are wanting to circumvent your sponsor for some reason. What gives?

 

[jacobrocks]

First off a big thank you to CalGreenCard. Your clarification have made it very easy for me to fill the form.

I thought it would reduce the time and save effort of my employer by doing this myself. However now it is clear it must be done by them. I have talked to my employer and they will help me with filling out the form. Since it might be new for them, this will help greatly.

Part 5: Basic Info about the proposed employment/employer. Do I fill out hte information of the client who I will be working or the recruiting firm?

Also my rate has gone up with the renewal of the current contract. Should I put my new weekly wage or the one in my original TN endorsement letter from last year? NOt sure if they have a copy in their system.


Thanks again.

Now in regards to supporting documentation.

I-129 Competed Form
TN Letter from Employer
Copy of I-94 front and back
Copy of transcripts
Copy of University Degree
Copy of Passport
Copy of resume
Check for $325

Am I missing anything else? Is transcript necessary since I have a university degree?

Also I read you need this > I-129 Trade Agreement Supplement Form, Is there another form I am not aware of?

Thank you.

 

[nelsona]

Resume is not needed. You have a degree, so experience is meaningless. If it was needed, letters from those familiar with your experience would be rwequired, not a resume.
Transcript is not necessary if your degree is clear-cut. If it is not clear-cut, then transcript alone is insufficient, and an eval would be in order (or preferably a trip to border so that you could explain the discrepancy yourself). Given it is a renewal, your previous docs should be familar to you.
Part 5 will be your TN letter, which will be from the sponsor, which in your case is the recruiting firm.

 

[CalGreenCard]

Part 5: Basic Info about the proposed employment/employer. Do I fill out hte information of the client who I will be working or the recruiting firm?

This is an extension so things shouldn't really be changing that much. If things ARE changing a trip to the border may be in order. Which company's name is on the letter you presented to get the original TN at the border? That's the name of the company that should be on the extension petition. If they are no longer comfortable with structuring things the way they were initially, you might need to get a new TN at the border.

Also my rate has gone up with the renewal of the current contract. Should I put my new weekly wage or the one in my original TN endorsement letter from last year? NOt sure if they have a copy in their system.

If the wage has gone up or is expected to go up imminently (before the extension is approved) my recommendation would be to use the new wage. An annual (or whatever) raise is to be expected and it won't matter if they do or don't have a record of the earlier number. A TN (unlike an H-1B) isn't really constrained to pay a particular salary level. The only way there might be an issue is if the rate has gone up (or down) so much that it would be hard to believe it is the same job.

I-129 Competed Form
TN Letter from Employer
Copy of I-94 front and back
Copy of transcripts
Copy of University Degree
Copy of Passport
Copy of resume
Check for $325

As nelson noted, the resume and the transcripts are really only needed if the university degree isn't enough by itself to be persuasive that you qualify for the job.

Also I read you need this > I-129 Trade Agreement Supplement Form, Is there another form I am not aware of?

That should be sufficient.

 

[jacobrocks]

If the wage has gone up or is expected to go up imminently (before the extension is approved) my recommendation would be to use the new wage. An annual (or whatever) raise is to be expected and it won't matter if they do or don't have a record of the earlier number. A TN (unlike an H-1B) isn't really constrained to pay a particular salary level. The only way there might be an issue is if the rate has gone up (or down) so much that it would be hard to believe it is the same job.


As nelson noted, the resume and the transcripts are really only needed if the university degree isn't enough by itself to be persuasive that you qualify for the job.

That should be sufficient.

I think my University degree is inline with the job classification (computer systems analyst), it is IT Management. However who's to say with how they determine as they can be subjective. When I got my TN they gave me a hard time and even searched the specific classes i took in my university program, so I have my transcript just incase. If I do not include this will it be a problem and cause denial or delay with my application?

Info on my TN remains the same as I am still working for the same company, however my pay has gone up by 15%. I suspect this will be ok. Thanks again.

How many copies of each document should I provide? 2?

 

[nelsona]

As we said, whatever you needed for your last petition should be included in your mail-in renewal. Obviously if you had to argue your case by using your transcript, you need to include it. As we both said, if you need to make an argument, you should probably go to the border, or, as I suggested, have your degree evaluated as qualifying for CSA.

One copy of your docs is all that should be sent. They have copiers if they need.

 

[CalGreenCard]

Info on my TN remains the same as I am still working for the same company, however my pay has gone up by 15%. I suspect this will be ok. Thanks again.

What nelson said. I don't think nelson answered the pay question so, yes, I don't think a 15% raise would be a problem unless the salary was already (even before the raise) high enough to raise eyebrows for the computer systems analyst role. It doesn't sound like the pay was the area where questions were raised so I don't see an issue there.

 

[nelsona]

Yup. The letter simply needs to be accurate and up-to-date. As long as you have not become a manager, you will be fine.

 

[CalGreenCard]

Yup. The letter simply needs to be accurate and up-to-date. As long as you have not become a manager, you will be fine.

Which is why I'm saying--in another thread--that a 3 year TN is not always such a good thing. The OP--in this thread--has a degree in IT management and a visa that won't allow him/her to be a manager. Something is very wrong with this picture. The TN is a very limiting type of status--much more so than an H-1B--but a great short term tool.