Renew TN by mail, need help with I-129

C

Canadian2GC

Registered Users (C)
My TN expires Apr 2009.

I am trying to apply for a 3 year extension for my TN by regular mail. There are two questions on I-129 which I am not sure how to complete. Any help would be appreciated.


#1 - Does anyone know what petition number the form is referring to in Part 2, question 3 ?


details per I-129:

Part 2, question 3:
"If you checked box 2b, 2c, 2d, 2e or 2f, give petition number"

I did checked box 2b, ie: Basis for classification is: "continuation of previously approved employment without change with the same employer"

I am not sure what petition number they want from me? Perhaps I shouldn't check box 2b in Part 2, question 2?


# 2 - Do I need to fill out Part 4, question 1?

details per I-129
1. If the person named in Part 3 is outside the United States or a requested extension of stay or change of status cannot be granted, give the US consulate or inspection facility you want notified if this petition is approved.

Thanks in advance.
 
When I completed my first I-129 for a TN Extension of Stay, which was only a week ago, I answered Part 2, Question 3 with "N/A". When I searched this forum I found 2 answers, one used the previous I-94 and the other used "N/A".

Part 4, Question 1 is completely contradictory and makes no sense at all. Initially I left it blank, but when my employer reviewed the application they thought that I should fill this in, so I filled in my Canadian address and the nearest POE.

I will find out if these were answered correctly in a few weeks, as I filed with Premium Processing, and the cheques cleared on Friday.

Regards,

Al
 
Thanks Al, yeah Question 4 is quite confusing.

BTW, did you apply for 3 year extension and did you check your passport when it expires?

I am applying for a 3-yr extension, but my passport expires two years from now, I wonder if this will create a problem.

Anyway, GOOD LUCK with your extension.
 
Yes, I applied for a 3 year and my passport will expire at the same time yours does.

My understanding is that as long as your passport is current at the time of application, it should not matter whether it will expire before the TN. With that said, it would not surprise me that they look for any excuse in the wind to deny.

Al
 
Alta Al said:
Yes, I applied for a 3 year and my passport will expire at the same time yours does.

My understanding is that as long as your passport is current at the time of application, it should not matter whether it will expire before the TN. With that said, it would not surprise me that they look for any excuse in the wind to deny.

Al
Click to expand...

There is no need for the passport to be current.
 
My point was that the wording of the question is contradictory.

If the person named in Part 3 is outside the United States or a requested extension of stay or change of status cannot be granted, give the US consulate or inspection facility you want notified if this petition is approved.

How can a status not be granted and at the same time be approved?

I believe that the word "cannot" should be "can" and then this question makes sense.

Today, I received my I-797A approval and new I-94 so even though I answered this question, it had no impact on it's processing.

Al
 
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Al,

CONGRATS!

Stupid question: I am going to renew by regular mail. Do I need to mail in my passport and the original I-94 with the rest of the supporting document?

I read the I-129 instructions, it didn't say anything about whether I have to mail in my passport and my I-94.

They don't even need to see a copy of both to issue an extension??

thanks...
 
Never under any circumstances EVER mail in your originals unless they are specifically requested.

Your "Initial Evidence" should comprise of the following:

Copy of your Passport (I included the picture page and the page that contained my current TN Stamp);
Copy of your current I-94 (Front and Back);
Copy of your educational credentials (Degree or Diploma);
Copies of your education transcripts if your classification requires a diploma + experience;
Copies of your Letters confirming industry experience, if required;
Copies of your professional license if required by your category.
Original letter requesting your "Extension of Stay" Signed by your employer;
Original I-129 (pages 1-4 and page 7) make sure all are signed and complete;


These documents are optional but if they help your case, include them:

Copy of your Resume detailing your relevant experience and education;
Copies of any letters that support your education credentials if your job classification does not require a degree.

Be prepared to wait for your approval. According to the USCIS processing times, the Vermont Service Center is up to processing applications received on July 23, 2008.

If you decide that you want to expedite your application after you have filed, you can file for Premium Processing separately.

Good Luck,

Al
 
Alta Al said:
My point was that the wording of the question is contradictory.
How can a status not be granted and at the same time be approved?
Click to expand...


Quite simple: Approval refers to the I-129 petition. Status refers to entry status, the I-94, and for non-Cdns, the required visa.

So, that line in the petition makes absolute sense: If your work permit is approved while you are out of country, you need to go to a consulate to get visa. We will send this approval to the Consulate of your choice.

I-129 is written for all types of peole not just Cdn TNers.
 
Alta Al said:
Be prepared to wait for your approval. According to the USCIS processing times, the Vermont Service Center is up to processing applications received on July 23, 2008.
Click to expand...

Although this is what it says on their web site, I noticed this on the top of the table

Service Center Processing Dates for Vermont Service Center as of: September 30, 2008.

Does this mean they haven't updated the time since Sept 30th last year? Could they be processing the ones that filed after July 23, 2008 but didn't update the timetable?
 
THANKS Al, very helpful, much appreciated.

Can I ask if you plan on starting the process to get your greencard now that you have 3 years on your TN?

My attorney initially asked me to try H1B this year and then go the H1B to GC route. Now he said if I could extend my TN visa for 3 years, I should go the TN to GC route. I don't feel entirely comfortable with this attorney, but my employer insists that I use him, so I have to play along...

just wonder if there are other people out there taking advantage of the 3-year cushion to start the TN>GC process.
 
I searched older posts and I see that some people asked for a completed I-129 for TN extension so that they can have an idea what is required.

I uploaded a SAMPLE I-129 on the web, it shows how I would do mine based on the following:

-single
-multiple TNs in the past
-current TN expires 7/27/2009 ( 1 year)
-last time I crossed the US border was 10/25/2008
-planning to renew by mail, 3 year extension
-first time filing I-129 for an extension
-employer is incorporated

feel free to critique if I have done anything wrong.

I hope the link works. It contains the 4-page I-129 form plus 1-page Free Trade Supplement form, total of 5 pages.

http://sites.google.com/site/canadian2gc/Home/i-129-sample-forum.pdf?attredirects=0
 
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Sorry to belabor this but my boss said I filled it out incorrectly. Wonder if someone can help me out with this.

Part 4, question 9: "Have you ever previously filed a petition for this person? YES or NO. If YES, explain."

I said NO because I think the question is asking whether the employer has ever filed a petition for TN EXTENSION for me, and so the answer is no. While I have been on multiple TNs in the past with this very same employer, they were not extensions via I-129. I re-applied a new TN at the border each time. This is the first time my company is filing an I-129 on my behalf.

However, my boss is of the opinion that the company did petition several TNs on my behalf in the past, including the current one that I am holding. Since the employer did petition TNs for me in the past, so the answer is YES.

What do you guys think?
 
He is wrong. The petition id the I-129. So since they have not done one in the past, the answer is no. Going to the border is not a petition.
 
You are correct and your employer is mistaken.

My situation is exactly the same as yours. My current TN was granted at a POE and was a NEW TN. My employer petitioned to extend this existing TN via the I-129.

In my case here was no previous petition therefore the answer to Part 4, Question 9 was NO, and as I have previously posted, my petition was appoved just days ago.

Hope this helps,

Al
 
Alta_Al:

What did you mean by "If you decide that you want to expedite your application after you have filed, you can file for Premium Processing separately."

Can't I file 129 and pay the $1000 the same time/in the same envelope?

Thanks
 
I think Alta Al just means that it's a separate form you need to fill in separate from the I-129.

There's no need to really pay the premium processing unless you think you "have" to have it before the other one expires. Or you are leaving the country and want the new one in hand when you are coming back. Actually there is really no reason for premium processing unless you need it for a new job and you need to start right away.
 
Echo;

What I meant was, that the I-129 and the I-907 (Request for Premium Processing) do not have to be filed together. You can file your I-129 and if you decide later that you want to speed up the process, you can file the I-907 at that time. They don't need to be filed at the same time.

Most certainly, if you wish to file the I-129/I-907 at the same time. By all means, do so.

Al
 
That was FAST! Just got my TN renewed for 3 years in about 3 weeks, no premium processing.

That was a lot faster than I thought it would take. I mailed in the paperwork Jan 20, 2009, I was totally prepared to wait till at least April or May for my TN renewal to be approved. I received my TN 3-year extension in the mail in about 3 weeks.

The sad thing is that the economy tanks, and my employer decided to suspend the GC process for at least 1-2 years. So chances are that I might have to apply for another TN extension 3 years from now if the economy still doesn't improve.

Question for those who had their TNs renewed by mail - about traveling OVERSEAS:

According to the instructions in the mail, I am supposed to attach the new I-94 to the old one that I have in my passport. I know there will be no problem if I travel back to Canada. But what do I do if I travel overseas? Normally I am supposed to turn in the I-94 when I board the plane departing overseas, and when I return to the US, I will ask the officer to give me a brand new I-94. That's how i did it in the past before I have this TN renewal.

Now that I have TWO I-94s attached to my passport, do I turn in BOTH I-94s when I board the plane leaving overseas or do I only turn in the OLD I-94 and keep the new one in my passport until i return to the US? I know people who got screamed at when they didn't turn in their I-94 when going overseas.

Anyone knows?
 
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