TN after 9 yrs in US

akhu0 said:
TN APPROVED at POE today. No questions asked on temporary intend except the standard ones (what is the job/responsibility, show original degree, who is your employer etc). I truly appreciate everyone's help in motivating me.
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Congratulations!
 
interesting thread. Congrats to akhu0. Question to all, are others seeing this questioning longer stay candidates after X(?) years, either I129 or POE? I saw random evidence of this myself over the years at POE.
At this point, as stated, this is just questioning, not denial, right?
 
While we are all happy that akhu0 was approved for TN:), why the elation described by so many here.:confused: His approval was not unexpected, was it?

I certainly was not anticipating any problem for him.

last I heard CBP are still approving TNs on a daily basis.
 
nelsona said:
While we are all happy that akhu0 was approved for TN:), why the elation described by so many here.:confused: His approval was not unexpected, was it?
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Well I have never seen or heard of an RFE from CIS to prove the job is temporary. Can someone explain it to me why would CIS ask for that?!!! :confused: This could open the door to a lot of problems for TNers.

Also, I was under the impression CIS was easier on TN than CBP. This case proved me wrong!
 
Quite simply they were asking since the person had been working for so many years in the same job, that's why.

We don't know what was written on the TN letter submitted with the I-129. perhaps it was poorly crafted, which is quite possible given some of the things that our poster reported his lawyers have been telling him. Perhaps this RFE lead them to write a better letter for the border.

As to POE vs I-129, I would hasten to point out that, generally, those who cringe about going to the border to face POE officer, seem -- if the english writing skills in their posts are any measure --have a problem with English.
 
Incredible

I wish canadians should be permitted to work in USA without any TN or any other work permit.
Since in UK scotland citizens can work in england and ireland same thing should be for americans and canadians.
 
Superjk's analogy is well taken. HelloAmerica, you do realize that scotland and northern Ireland are part of UK (just what did you think United Kingdom means anyways).

You analogy is like saying that since NewYorkers are allowed to work in California, so shpuld Canadians.
 
I got a bit scared reading this because I've been here on TN since 2001.
However I work for my 3rd employer.
Anyway, I just received USCIS notice my 9th TN was approved.
 
The POE was laredo Mexico and yes I was shi* scared. The total time from standing in line (45min) to interview (10min) to paying fee (10min) was about an hour. This was my 3rd successful attempt at that entry and I always felt it was easier doing it this way at the border. Regarding the paper work, I checked both the I129 and my TN papers for POE, both stated the facts that I worked for my present company for 7yrs and nothing other than this I believe were significant eye catcher for RFE. I personally feel that the I129 route give the authorities more time to scrutinize the case as against the border officials who look for the bare minimal to approve (in my opinion). THANKS all for your well wishes. This is by far the best forum I have experienced.
 
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My lawyer's answer on this

***Here's a memo to clarify that your I-129 would be deemed abandoned by the CIS. We are going to withdraw it though, because of the pending RFE. Even if the CIS "denied" the COS due to abandonment, your border TN would not be overridden by the denial.***

Cut and paste in your URL
//docs.google.com/fileview?id=0B_yq0nAEL3pqNjJjNWYzYmMtOTkyYy00NTc3LTg4YmEtYjM1OGQwMGJiNzNm&hl=en
 
Your lawyer is making the same mistake that many, many do. An I-129 (request for foreign worker) is NOT the same as an I-539 COS, which is indeed considered legally abandonned when one travels outside US. This is further proven by the fact that one can submit an I-129 for someone outside US, but not an I-539. [Note that an I-129 approval can be delivered to a consulate for processing visa, not so an I-539. Also, the I-129 asks IF the beneficiary is in US, the I-539 does not; ie. they must be).

The I-129, is petitionned by the employer, not the beneficiary, and thus no action of the worker automatically cancels the petition.

The memo even goes on to say that an extension of status request by I-539, is not abandonned by outside travel. So, it is even wise to cancel such an I-539 when it is no longer required.

Your lawyer is plain wrong on this, and for her to feed you a memo which is not germane to your issue should trouble you for future immig matters.

At least she is covering her butt by officially cancelling it, per your request. I guess she realizes she is on shaky ground.
 
... and the reason that this is a difficult thing for lawyers to understand is due to the unique situtaion that a Cdn TN status has : it is the only working status that requires neither an I-129 nor a consular visa and can be got right at the border. thus the need to reslove any conflict that might arise between an I-129 and a border request. They quite simply are not used to dealing with this unique situation, which is why Cdns often hears advice form lawyers like the following:

"You can't travel once the I-129 is filed." "You need to activate your h1 at a consulate." "Your TN is invalid once you apply for GC". "Once you got your TN at the border, it doesn't matter what happens with your I-129"

All wrong.
 
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I-129 withdrawal confirmed today. Thanks Nelsona for that critical information and corrections. Good Idea curiousGeorge on the signature idea, will do.
 
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