Self-petition of I-129

#1
Hello all,

I am already working in the US under TN1. If I change jobs then can I file my own I-129 attaching with it all the necessary documents along with a Letter of Support from my new employer? Or, only the employers can file for I-129? The reason I have asked the above question is that many US employers I have spoken with are not open to dealing with visa sponsorship even for TN1, which I assume is not as complicated/messy process as the H1B.

If I can't self-petition my I-129 then I guess my only option is to go back to Canada and apply for a new TN1 at the port-of-entry (POE). Right?

Thanks a lot in advance for answering my question.
 

nelsona

Registered Users (C)
#2
You can file the I-129 yourself, but you need full cooperation of the sponsor, since you are in essence signing for them, something that a new hire might not be entitled to. Most employers will allow their current employees to file I-129 for renewal purposes since their has been some trust built up.
Your bedt vet is to simply say that you will take their TN offer letter to the border. That creates no uneasiness.
 
#3
Thanks @nelsona for your response to your question. Just wondering if would be kind enough to find me some resources that can confirm again to me that I can self-petition for I-129. I just want to be doubly sure of this before I follow the self-petition route. I searched some other forums including those of immigration law firms and they always present two options for folks who are already in the US and changing the jobs - 1. The new employer files for I-129, or 2. 2. You go back to Canada and apply for TN1 at the POE.

Thanks again.
 

nelsona

Registered Users (C)
#4
You cannot self-petition.

As i said, you can fill out the paperwork and have them sign it. You can also e-file the i-129 with the consent of the employer, who would then also give you the letter to be submitted as well.

That is not self-petioning, that is doing the legwork on behalf of employer, nothing more.
 
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