RFE on duties for TN and nonimmigrant status

Carmenjosephine

New Member
Hi everyone, long time lurker here. I'm gonna keep it short I promise.

With the help of the company's lawyer I applied for a TN visa. I was under a visitor visa with a permit of 6 months, and I say -was- because it recently expired on June 10th. However this application was submitted before my I-94 expired and got a confirmation from the Vermont center saying my paperwork and application arrived, before it expired as well (June 8th). I applied for a TN visa under my bachelors degree of Graphic Design with premium processing and just yesterday got a RFE stating that the duties and responsibilities described do not clearly establish the need for a graphic designer (this is a toy and art convention happening 3 days a year in Los Angeles, tho the show is only 3 days, the prep for the convention needs the whole year and there's a lot of traveling involved to promote the convention), duties include conceive ideas and concepts to creatively market products while ensuring the integrity and consistency of the brand through brand designs, creation of original content for the convention and events related to it included but not limited to brochures, catalog, tickets, badges, t-shirts, banners, postcards, flyers, posters, etc. It is also stated that additional evidence is required that I won't be performing non qualifying duties since its a company that only has 3 employers (the rest is volunteers and staff from the convention center but they are not employed under the Convention's name). Lastly they mention that my current nonimmigrant status as a B visitor is a problem because they were asking for a change of status but this can only be eligible to individuals who currently hold an nonimmigrant status (I thought that applying before my I-94 expired was keeping me "safe")

Right now my mayor concern is that my tourist visa gets affected in case of a TN denial and this brings more problems in the future. Is withdrawing the best option or should I answer the RFE with the requested info, wait for a response (that it's appointing to denial) and apply again in Mexico City's consulate?

Thank you for your time and consideration.
 
guess you couldn’t keep your promise about keeping it short
Your petition is valid but you either have to answer the RFE or leave and get TN at the border. Since you are a tourist, this shouldn’t pose much problem to you, as your life is outside US
 
Thank you @nelsona for your answer. Ha, I know I tried...promise. Yeah going back is not an issue, however and in case of a denial, I'm worried I won't be able to visit since my visitor's visa could be void if they think I overstayed, which I didn't since I was waiting for a response... anyways, the company is figuring out the best way to repost specially to the part where it says I needed to apply for a different form to create an extension (although it was check marked in my I-129 and the I-539 is usually requested for F visas not TN, perhaps it was changed recently?). Hope it comes to a positive outcome soon.
 
Your Tn petition kept you in status
The fact that you have been in US for more than sixmonths will mean they expect you to stay in Canada for awhile unlessyou get TN since that is where you should be spending most of your time. Youneed to have an ironclad petition
 
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Thank you @nelsona although I didnt quite get the last sentence of your last response: "Youneec to have an ironclad petition"
And yes, I am aware I am expected to stay for 6 months but in my case it would be Mexico since that's where I am from
 
instead of worrying about TN failure make sure you have a perfect petition
Replace canada with Mexico
 
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