NelsonA: TN Extension Questions

B

b33ast

New Member
Hi NelsonA,

Wish I could hire you to be my dedicated Attorney :) I'm a Canadian in the US, on my second TN; first TN was with a different company later followed by a long gap (time in Canada). Trying to determine whether my current employer should file an I-129 (around the time of 6-months to TN expiry) requesting a 3-year extension for me or whether I should go to a PFI/POE. I have no plans to leave the US during any TN. One attorney suggests a PFI/POE option - that I go to YVR as the best option (which you indicate that they are strict), and strongly discourages pursuing at San Ysidro PEDWEST (POE) and YYZ.

Does my employer need an attorney to file I-129? (We already have applicable documents for our first TN package that we could use.)

Let's say the I-129 option is taken, produces RFE's, and then we get a denial and there's no time left on the current TN - I'd need to leave the US on the day of denial, right? Would I then be able to apply with a standard TN package (new TN for same company) at a POE/PFI without that USCIS denial causing issues?

If going to a POE/PFI (at some point), would it make sense to have an attorney remotely available to deal with any denial (rejection, denial, shortened granted period) as it's a new TN for the same company?

Thanks.
 
TN is designed to be done without an attorney, particularly at border. It really doesn't matter where you go, the petition is what counts.
 
NelsonA - here are my questions:

- Should my employer file an I-129 (around the time of 6-months to TN expiry) requesting a 3-year extension for me or should go to a PFI/POE?
- Is YVR as the "best" option? Issues with San Ysidro PEDWEST (POE) and YYZ? Wouldn't I risk getting stranded in Mexico at PEDWEST?
- If the I-129 option is taken and we get a denial, would I then be able to apply with a standard TN package (new TN for same company) at a POE/PFI without that USCIS denial causing issues?
- If going to a POE/PFI (at some point), would it make sense to have an attorney remotely available to deal with any denial (rejection, denial, shortened granted period) as it's a new TN for the same company?

Thanks.
 
I assume you are asking about Mexican border because you live/work reasonably close to there. If that is the case, then go there, 2-3 weeks before your current TN expires- as I said, I don't really put much stock in "better/worse" border crossings, especially for renewals. If there were a denial, you should not be stranded since you would have time remaining on your current TN. If there is a denial, you will not be able to have someone phone in and help you, the border officer won't be willing, so I wouldn't waste any time trying to coordinate that.
 
NelsonA,

The concern is that I risk not being admitted into the US (even with time remaining in my current TN and no criminal record) and would need to book a place to stay in Tijuana in advance. Is that a valid concern? An attorney told me to go to YVR instead to avoid this potential dangerous situation (i.e. belongings on US side with no access, personal safety, flying to Mexico City to Canada). By having an Attorney to phone, I meant ask for assistance after a POE/PFI visit is (rejected/denied/shortened) so that the application could be revised and brought back the next day (potentially).

Wouldn't it make sense to file an I-129 first (around the time of 6-months to TN expiry) requesting a 3-year extension and deal with the RFE's? If that's denied, then proceed with the PFI/POE approach (cancelling the I-129 if it's going nowhere)?

Thanks.
 
If your current TN is still valid, you should expect to be allowed into the USA even after being rejected for a new TN.

There's no reason you cannot apply for a TN at the border even if your I-129 was rejected. But be aware if your I-129 was rejected it was probably for a good reason and you shouldn't have high hopes on doing better at the POE.

If you apply at a POE which you have no good reason to apply at (e.g., your job is in Detroit but you flew into San Diego and drove to San Ysidro) it will raise suspicion of POE shopping.

If your lawyer isn't telling you these things, maybe it's time for a new lawyer.
 
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