New TN through POE while I129 with USCIS

D

d_kay

New Member
Context:
- Was working in the US under Management Consultant TN with Company A which had an expiry of May 22 2021
- Filed I129 with Company A for renewal of TN in April 2021; received an RFE but had legal status to work with company until January 2022 (240 day rule)
- Got new offer with Company B in June 2021 and filed for new I129 with Company B in July 2021; received RFE as USCIS would only approve if Company A I129 was approved (not sure why as I can have concurrent TN Visas)
- Company B lawyers suggested they respond to RFE for Consular Notify only (and no I94 extension); received denial late July 2021 (lawyers believe this was an erroneous error by USCIS and escalated)
- I resigned from Company A Aug 2 and left the country/re-entered on B2 visitor visa
- Company B submitted new I129 application and just received another RFE

Consideration Going Forward:
- I do not want to push my start date anymore and am now suggesting to Company B and lawyers to apply at POE in parallel to submitting response to RFE (not sure the reason yet); they are ok with this approach finally (very hesitant on going to POE as they want the pre-approval first)


Any concerns with the above approach or does anything above seem surprising? I know my situation is unique as I applied for a new TN with USCIS while my previous TN extension was still processing.. I didn't think this would be an issue as I can have multiple TN's concurrently with different employers.

My Background and Petition:
- Applying for 'Economist' for a Business Operations role for a big tech firm (job duties match Economist profession) and I have a Econ Major undergrad (as part of my bachelor of commerce)
 
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Any reason you didn't simply apply for TN when you re-entered?! That was the point of leaving.
 
My company’s lawyers insisted on USCIS first to avoid a potential denial at POE… but now they’re open to it given another RFE.

It’s been a very inefficient process..
 
There was quite a risk in going to border and re-entering on B2. First, you could have been denied entry on basis of lack of foreign ties, and (b) you wouldn't be let in at land border on grounds of being a simple tourist.
 
I should clarify that I flew to mitigate some of those risks. I will be attempting POE at land border early next week.

Are there any issues/concerns if we’re in process with I129 with USCIS?
 
When you get the border TN, you must then immediately cancel any outstanding I-129 related to that sponsorship, otherwise a possible rejection would supersede your border I-94, under the "last action" principle.
 
Got it, thanks Nelsona. This has been very helpful. I’ll advise the attorneys working on the case.
 
It can be a copy of the original. But, You have been in talks with these people, and the letter has already been prepared, so getting a hold of the original shouldn't be a problem.
 
d_kay said:
Last question, does it matter if the petition letter is signed in wet ink or not?
Click to expand...
I have not had a wet-ink letter in the past 5 years. I do not think border officers care.

If they have any suspicion about the authenticity of the letter, they can call the company to confirm it is bona fide.
 
Thanks all. I have received my paperwork and will be going to POE on Monday.

I can go to an optimized processing port (Highgate Springs) or a regular port (Champlain). Does it matter/ are my odds better at an optimized processing port? It’s for Economist so I’m cautious of increasing my chances given the scrutiny of this classification.
 
since you need to go into Canada, and there will be slowdowns at the border it would be best to go farthest from Montreal, so for that reason alone go to Highgate. I don't believe in port-shopping. Just have a good petition.
 
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