I129 Part4 NIW

Indeed, CP does eliminate immig intent, however since I-140 being permitted is so clear now for 15 years, most lawyers don't like the putting their clients under the uncertainty of Consular processing. And, yes, you cn switch from CP to AOS.
 
Thank you nelsona for the clarification. I have learned a lot from you and other people from this forum. I really appreciate all this help and advice!
 
XR777 said:
I remembered that IV was recommended as, under this procedure, the TNers are in a better position to argue bona fide nonimmigrant intent. Did curious George mentioned this in his post as well? I can adjust of status within the US even though I opted for IV in I-140. I have a long wait before the green card available to me.
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May I send you a message please?
 
In the TN support letter, words such as 'provide training and mentorship' to new employees are okay, right? We are fine as long as not manage other peoples.
 
Does it matter if the TN support letter is not printed with color? I know this is a very stupid question. Last time at Montreal preclearance, the officer processed my TN complained about the letterhead and the signature.
 
XR777 said:
Does it matter if the TN support letter is not printed with color? I know this is a very stupid question. Last time at Montreal preclearance, the officer processed my TN complained about the letterhead and the signature.
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It doesn't matter. If you are unlucky, then no matter what the letter says, the officer will find something to complain about.
 
Since USMCA went into effect on July 1, 2020, should we refer to USMCA rather than NAFTA in all the paperwork (e.g., TN letter) from now on?
 
Thank you nelsona!

Do I need to mention USMCA chapter 16, Annex 1603, Appendix 1603.d.1 at all?

In the letter just say 'This position is a professional occupation consistent with TN professional job series list allowing TN status for the position of Mathematician (Statistician)'.

Or using the following?
The position is a professional occupation consistent with the USMCA Chapter 16, Annex 1603, Appendix 1603.d.1 and the USMCA Professional Job Series List allowing TN status for the position of Mathematician (Statistician).


Thanks!
 
They know where to find TN regs,
The letter should say, "We are requesting approval of TN status for the position of Mathematician(Statistician). The job duties are ......"

It is then up to the CBP agent to determine if the job qualifies under that TN category, not your sponsor. The sponsor is in no position to say that anything is "consistent" with any law or regulation.
 
Does anyone have an update on the regular I129 processing time? The online estimated processing time range changed to 3 months to 5 months. I submitted mine on July 15. However, the petition was returned due to the improper e-signature from HR. The new receipt date is August 11. Has anyone with a similar receipt date received the approval from USCIS already? I contacted the USCIS through phone call and Emma, but the representatives from USCIS refused to provide any detailed information other than the same info posted on the website since I am the beneficiary, not the petitioner. They said they only provide detailed information to the employer representative.

Thanks!
 
too early to worry?!
If it takes 5 months, it will beyond my TN expiry date. My TN will expire on Jan 8.
 
You have 6 month grace after TN expiry once you have filed a timely I-129.. Didn't you know this?!
 
My I-129 application was received on May 15th. Yesterday they issued a request for additional evidence so it certainly is taking longer then usual.
 
nelsona said:
You have 6 month grace after TN expiry once you have filed a timely I-129.. Didn't you know this?!
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Is this the 240 days grace period? What the driver's license? My driver's license expires on the same day as TN. How to use the 240 days period to renew the driver's license?

https://www.uscis.gov/i-9-central/f...ons-of-stay-for-other-nonimmigrant-categories

Below is the language from the above link. I believe it is the instruction for the employer. The 'you should write.....in the additional information box in Section 2'. Do all the employer HR know or should know what is Section 2?

These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first. You should write “240-day Ext.” and the date you submitted Form I-129 to USCIS in the Additional Information box in Section 2.
 
You are talking about 3 different things;
  1. All I-129 requests for extension of current employment benefit from the automatic 240-day grace period (if you stay in US after current TN expiry). 8 months, not 6, my error.
  2. I-9 instructions should be known by your employer; that is their legal responsibility, not yours..
  3. Your state will have its own rules on how DL renewal works when your work authorization is pending. Check with them.

of course, your other solution, which was and is always available to you, is to go to the border an get a new TN.
 
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