I have some questions regarding the extension of my TN.
1. Who is supposed to fill out the form, I-129 and its Free Trade Agreement Supplement form? Myself or employer?
2. In part 2 of the form I-129, TN status holders didn't get "petition receipt number" for 3. and 4. and so I don't have to worry about this, right?
3. In Part 5. What are LCA number and NAICS code? I believe that the rests of Part 5 are supposed to be filled out by employer (in my case, US government).
4. If I choose e-filing, do I have to file it or employer?
5. Do I have to send $190 and the necessary documents after I e-file it?
6. Any other consideration? Period these days?
Man thanks in advance
1) As far as "filling" it out I guess it doesn't really matter. Would probably be best if it were your employer especially since they have to sign it at the end. My employer isn't very well informed about TN status so when we sent in the I-129 last week or week and a half ago, I essentially filled out what I could, handed it to my employer and said "this is what it needs to look like plus the information you need to fill out about the company (Federal employer#, Annual Income, profit etc etc)"
2) You only fill this out if your last TN was granted by filling out a prior I-129. When you submit an I-129 you get a receipt notice from USCIS with a number to track your case etc. I am assuming your last TN was done at a POE, therefore you did not get a Petetion Receipt #. Put "n/a" as your answer. I went a little extra and put in the box "n/a - TN Entry, Peace Bridge POE" to let USCIS know that it was done at a POE.
3) LCA number only applies to H1-B applicants. NAICS code are the job codes that define your job industry etc (i.e. Civil Engineering). I don;t have the exact link, I just Googled it and found the code for mine which was under "Traffic Engineering Consulting Services" or something like that. For LCA put "n/a".
4) I haven't done this so I don't know.
5) I never e-filed so I don't know. If you end up sending it by regular mail, the $190 MUST be included with the package but i'm sure you already knew that.
6) As far as a period goes, there is a "240 day grace period". This means that if your current TN expires while your I-129 petetion is pending, you can continue to work for the same employer for up to 240 days past expiry. As long as you submit the I-129 package to USCIS BEFORE your current TN expiry date, you are fine and can continue to work for 240 days past expiry while a decision on your case is pending.
Other considerations would be to remember to submit all your proofs required (Diploma/degree, proof of Canadian Citizenship, copies of current I-94 front & back, job offer letter explaining the reason for extension etc).
Hope this helps and that I was somewhat accurate.
John.
