I129/ I 539 in parallel

T

tnaspirant

Member
Hi,

I am in a tricky situation with regard to timeline of the TN1 60 day grace period which expires on March 19 . Today I received the offer letter and the job related background checks are in process. I will be filing I129 for TN1 around the same time as I 539 fro B2. My I94 is valid till late 2019. My questions are

· Is it advisable to send I129 for TN1 first or I539 (B2) when there is a difference of 2-3 days in sending both the forms as I wont be able receive the I539 receipt in that time. What is the best course of action in this scenario or what additional documents should I attach if sending I539 before I129 which is highly likely?

· In I 129, it asks for the current status and the date of expiration. If I send I539 before I 129, Should I chose B2 and in the expiration date section, write ‘PENDING’ as there is no option for B2 Pending

· In case of RFE on TN1, do I have to follow up with RFE by mail or can I ignore I129 and go to border for TN1.?

In form I129, Part 4, Q 1 d , the question is -

If a beneficiary or beneficiaries named in Part 3. is/are outside the United States, or a requested extension of stay or change of status cannot be granted, state the U.S. Consulate or inspection facility you want notified if this petition is approved.

It asks for the ‘Benefeciaries foreign address’. Do I need to fill Canadian address here or not ( Is it applicable to me as I am in the US?)


Thanks for your response.
 
Also, In form I129 , there is a question Part 4, Q 8

  1. Did you indicate you were filing a new petition in Part 2.? Yes. If yes, answer the questions below.

    Its a petition for the new employer, should the answer be a) YES b) No

    Has any beneficiary in this petition ever been given the classification you are now requesting within the last seven years?

    Yes. If yes, proceed to Part 9. and type or print your explanation. No

    I have answered YES and provided the dates of my current TN with the name of the employer and the category of the TN.

    Please confirm if this is correct answer.
 
Nelsona,

I would appreciate if you can reply with the answer to this complex situation of mine.

-I am filing I 539 thursday ( to reach the last day of 60 day grace period on friday)
- I would be filing i129 for TN1 on friday and reach on monday( due to delay in TN1 offer letter from employer)

My question is that in this scenario I won't have receipt number for the I539 on time to send with I 129.

- Do i need to send anything related to i 539 with the i 129 petition. if yes, should i send a letter explaining the situation or I was thinking to send the last pay stub which will show my last day of employment showing I was in status or do they have system to check last day of employment?
- As the petition is filed by employer, can they send i539 related documentation with I 129 because it won't be appropriate to mention it in the offer letter. Should this explanation be part of cover letter from the new employer.

Please reply and guide.

Thanks.
 
You shouldn't need a receipt number, so put none, you simply should indicate that you have an I-94 # and are B2 pending.

Besides, you do not need to be in status to get I-129 approval. If they approve you with the current I-94 you will be fine, otherwise you will need to go to the border. That is all that needs to be mentioned regarding your status, because it doesn't matter for I-129, other than to ask for 4(f) processing.
 
Thanks you so much Nelsona for the advise. So my 'current non immigrant status' would be B2? and the 'date status expires' should be i 94 expiration date ( from previous TN) or write text as' PENDING'?

'Your reply you simply should indicate that you have an I-94 # and are B2 pending'

You mean to indicate in a separate written letter or indicate current non immigrant status as B2 in the i129 petition?
 
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