I-129 questions

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ivantmj

New Member
Hello everybody,

I'm in a situation I had an interview with a company who interested in hiring me, I'm working right now in US under TN (I'm Mexican).

The company doesn't provide sponsorship for work visas, I know I can change of employer thru form I-129 and remain working in my actual company until my new I-94 is with me. So the pay of the form I-129 needs to be done by the company? Or there is a way I can pay for it? I'm really interested in working with them but this what is stopping me.

And also I read I few days ago that since 2016, I think, Mexicans can change of employer at the border with the CBP how this actually work? Or what is the process of doing that?
 
To the best of my knowledge, yes, you can pay for the TN I-129 fees, although the filing itself must be done by the employer if you do it by mail. This is different from H-1B where some of the fees must be paid by the employer. Yes it is now possible to change employers at the border for Mexicans on TN status. Bear in mind that the cost may or may not be the reason the employer is reluctant to sponsor a visa. Even if you make it as easy as possible for the employer, the employer can and sometimes will (and sometimes with legitimate reasons) choose not to sponsor. But, yes, the easier you can make it for the employer, the more likely they will agree to do it.
 
CalGreenCard said:
To the best of my knowledge, yes, you can pay for the TN I-129 fees, although the filing itself must be done by the employer if you do it by mail. This is different from H-1B where some of the fees must be paid by the employer. Yes it is now possible to change employers at the border for Mexicans on TN status. Bear in mind that the cost may or may not be the reason the employer is reluctant to sponsor a visa. Even if you make it as easy as possible for the employer, the employer can and sometimes will (and sometimes with legitimate reasons) choose not to sponsor. But, yes, the easier you can make it for the employer, the more likely they will agree to do it.
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Thank you for you response,

CalGreenCard do you know how the process is in the border? Because I question to CBP officers and they told me that I need to do all the process in the Consulate and blah blah, so I'm a little confused that they do not know that now mexicans can do this process of change of employer in the border if I have a valid TN Visa.
 
ivantmj said:
CalGreenCard do you know how the process is in the border? Because I question to CBP officers and they told me that I need to do all the process in the Consulate and blah blah, so I'm a little confused that they do not know that now mexicans can do this process of change of employer in the border if I have a valid TN Visa.
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Unfortunately as I am Canadian I have direct familiarity only with the process for Canadians--and my last TN was granted in 2001. It sounds like the new procedure since 2016 will make the procedure for changing employers if one has an existing TN visa stamp similar for Mexicans to what they have always been for Canadians. But I have no direct experience. See for example:

TN Visa Change of Employer

Note that this change, as both you and the above website noted, was dated in 2016 before Trump took office. As the Trump administration has generally been making immigration tougher on many fronts, I would want current confirmation as to current procedures from an immigration attorney before risking a trip to the border. There is more at stake than can be resolved solely in this online forum. You should be doing the heavy lifting of getting an immigration attorney involved anyways since it sounds like you (and not your employer) need to do as much as possible of the process.

My experience as a Canadian is that one needs to bring only three things to the border: the TN letter, the degree qualifying you for the job, and the cash to apply for the status. The TN letter has to be written in a very specific format covering very specific points--a general job offer letter will not cut it. The degree requirement is easy if the degree clearly matches the TN category--for example I always showed my computer science degree when applying for a TN as a computer systems analyst. It can be trickier if the match between the degree and the job isn't so obvious. My hope would be that it would be as easy for a Mexican citizen with an existing TN visa stamp, but given both what is at stake and the changes that have happened under Trump, I'd want to be talking to an immigration attorney to find out the current procedures.
 
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Thank you very much for you response, I have one more question:

In the Form I-129, specifically in Part 2 in number 4, are two options for TN Status workers which are either Extend Status o Change Status, reading the instructions for I-129 specify that you only select Change of Status when you have another type of Visa or Status different of TN, so in my case in which I'm going to use New Concurrent Employment should I select Extend Status? I basically have all the form filled but this only point is what have in doubt.
 
ivantmj said:
In the Form I-129, specifically in Part 2 in number 4, are two options for TN Status workers which are either Extend Status o Change Status, reading the instructions for I-129 specify that you only select Change of Status when you have another type of Visa or Status different of TN, so in my case in which I'm going to use New Concurrent Employment should I select Extend Status? I basically have all the form filled but this only point is what have in doubt.
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If you file Form I-129, it would be "extend status". But at least when a Canadian applies at the border, no Form I-129 is involved at all. If extending status, the Form I-129 is used when filing by mail within the USA. As I said, I'm not as familiar with the procedure for Mexicans, but I would be very surprised if Form I-129 would be filed when applying at the border. When you apply at the border you aren't really either "extending" or "changing" status but rather requesting a particular status. You have a visa but you get a status at the border.
 
CalGreenCard said:
If you file Form I-129, it would be "extend status". But at least when a Canadian applies at the border, no Form I-129 is involved at all. If extending status, the Form I-129 is used when filing by mail within the USA. As I said, I'm not as familiar with the procedure for Mexicans, but I would be very surprised if Form I-129 would be filed when applying at the border. When you apply at the border you aren't really either "extending" or "changing" status but rather requesting a particular status. You have a visa but you get a status at the border.
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Yeah I know in border there is no I-129 involved, I'm asking because I feel more comfortable with changing employer thru Form I-129 by Mail in Vermont, but as I had never done this process I have a questions while filling the form, so I'm going to put Extend of Status and New Concurrent Employment. Then come the question if I should translate my document such as Bachelor Degree and others since they are in Spanish, but I guess I will consult and attorney for all the process.

Thank you very much for your answers and time!
 
ivantmj said:
Yeah I know in border there is no I-129 involved, I'm asking because I feel more comfortable with changing employer thru Form I-129 by Mail in Vermont, but as I had never done this process I have a questions while filling the form...
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This is good but you should have a good reason for feeling "more comfortable" with one procedure or the other. There should be a basis for your decision, not just gut feeling, and it doesn't sound like you've done either before. The default behavior, absent advice either way from an attorney, might well be to go to the border, because you've already said that the employer is uncomfortable with work visas, and the delay caused by filing I-129 may cause your employer to lose patience. The dollar cost of sponsoring isn't always the biggest reason why employers are uncomfortable with work visas--the delays and uncertainties are likely to be a far bigger factor than the cost, especially for a TN which is relatively cheap dollar wise.

Yes, degrees in Spanish should be translated.
 
CalGreenCard said:
This is good but you should have a good reason for feeling "more comfortable" with one procedure or the other. There should be a basis for your decision, not just gut feeling, and it doesn't sound like you've done either before. The default behavior, absent advice either way from an attorney, might well be to go to the border, because you've already said that the employer is uncomfortable with work visas, and the delay caused by filing I-129 may cause your employer to lose patience. The dollar cost of sponsoring isn't always the biggest reason why employers are uncomfortable with work visas--the delays and uncertainties are likely to be a far bigger factor than the cost, especially for a TN which is relatively cheap dollar wise.

Yes, degrees in Spanish should be translated.
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In my experience I already change of employer on the US Consulate in Tijuana, and they just cancel my old TN Visa, they don't give me the chance to explain if I want to have two TN Visas or whatever, so I don't want to pass for the same situation so I want to do it thru I-129 so I can remain in my actual job and wait for the approve of I-129 and then quit my job with at least two weeks of anticipation.

I'm going to use premium process son it takes 15 days to have a response of I-129, I guess as Mexican we have this disadvantage while being in TN Status since we have to comply with more requirements in general.
 
So you are making the assumption that the behavior of CBP at the border will be the same as the behavior of DOS at the consulate. That is an assumption that might be true but it isn't something you should assume without talking to an attorney first. If the employer is willing to wait 15 days, then yes premium processing is an option. Remember that an RFE could delay the process significantly though even if you request premium processing.
 
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