renew TN by i-129?

T

tonywham1

New Member
Hello all. I am currently on TN (Canadian) and working in the US. my TN is subject to renew in May, and my company's immigration lawyer is working on that. However, I am not fully confident in their qualifications in TN matters. So my question here is whether renewing my TN by I-129 is worthwhile to do (I mean to make me easier when I present myself on the border to get TN in May. My company will pay for the petition). I searched and found it is not worthwhile to do if I were in Canada, but not sure the situation if I am already in the US.

BTW, my company is helping me to apply for H1B this year, so I just want to confirm that it is legitimate to submit two I-129 for my TN renew and H1B. Thank you
 
It is better to do your renewal using I-129, cos if its rejected, you have time to appeal and if required wrap up and leave the US. If you are rejected at the border then it is much worse. Usually TN renewal is fairly straightforward, unless you have some sort of doubt with the job category. On the flip side, if your H1 is picked up in the lottery in April, you dont even have to go through the TN renewal.
 
I'd go by things like: how far is the border? Or, if I am already planning to visit home so I might as well apply for a new TN at the border on the way back.

I-129 is a rather simple form to fill out. Make sure they run it by you before submitting it. The key thing is the TN offer letter whether at the border or by mail. And most probably the company lawyer will prepare that letter and have HR sign it whether you do a border TN or go with I-129. That was the case with my employers in the past. So if the lawyer were incompetent, you'd have issues either way.
 
Remember it is either/or. If you do it by mail, your get your TN approved and a new I-94 by mail so do not need to go to border.

as to multiple I-129s, this is not a problem. The earliest your H1 can be approved is for October 1 (if you make it through the lottery in April), so you will need a new TN for May-Sept.
 
nelsona said:
Remember it is either/or. If you do it by mail, your get your TN approved and a new I-94 by mail so do not need to go to border.

as to multiple I-129s, this is not a problem. The earliest your H1 can be approved is for October 1 (if you make it through the lottery in April), so you will need a new TN for May-Sept.
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Oh, so the renew process is different than the initial applying. I remember if you apply for the first time TN, you still need to go to border with the approved i-129. If I can renew the TN without going back to Canada, then i-129 is the best option. Now just one question, should I bring all the required TN application documents with me if I plan to travel internationally next time with my new I-94? in case the CBP officer finds out that my TN was renewed in the US by USCIS rather at the border by them.
 
No, it is not necessary to bring anything other than the new I-94, which you will have already stapled in your passport (you don't get that I-94 when you initially file from Canada, nor had CBP looked closely at your general admissibility, which they certainly have at this point). if they want to look at something, since I-129 was filed with USCIS, it will be in their online system.
 
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