TN Extension - Acquisition

#1
Hi Nelson, Thank you for your posts. They are so helpful. Context: I am Canadian citizen. I got my first TN valid for 1 year. My company is acquired by another company and my job and title will stay the same. Acquisition will close at July. My TN expires at September. Questions: 1. In September, do i need to ask acquiring employer to write a letter to POE requesting a TN Extension or New TN? 2. What determines the duration of TN? I read most people get 3 years. I try to estimate will they give me 3 years or 1 year again. Or did they give me 1 year because it was my first. 3. Is I129 or going to POE better? Thank you very much
 

nelsona

Registered Users (C)
#3
Please, DO NOT ADDRESS QUESTIONS TO ME!
1. It is an extension. The company is still the same because it inherited the assets and liabilities of the old. You will be working for the new company even before the TN expires.
2. It is what the sponsor asks for in the letter, up to 3 yrs.
3. POE is faster/cheaper.
4. Yes, but it would be a perfect tie to get the new TN at the border.
 
#4
Thank you Nelson. 2 follow up questions:
5. Sponsor asked for 3 years in the letter, but they gave me 1 year. Can it be because it is my first TN? If not, what may be the reason?

6. They told me to come back with same letter and supporting documentation for extension and they will give me 3 years. Since there is acquisition now, supporting documentation (certificate, etc) does not change (except the letter will have acquirer's name), correct?

Thank you
 

Amberleaf

Active Member
#6
5. If your TN support letter is requesting 3 years they will typically make TN valid for 3 years. Some POE will give only 1 year. Not sure why. Maybe because they can. It is a temporary visa/status.
6. Yes, you should get 3 years this time. No ones knows for sure.
 
#7
Thank you so much Amberleaf. You are great! One final question: in this situation, do you recommend another POE (if so, which one?) or same?
Have a wonderful day!
 
#8
Hi All,

Does anybody have any idea in my situation, do you recommend another POE (if so, which one?) or same?

Thank you so much in advance for your answers
 

Amberleaf

Active Member
#9
specific POE does not matter.

Since your current TN expires in Sept and you plan to Visit Canada in August, on your return trip to US bring fresh TN support information and request a new TN status on that entry into US.

Prior to October 2008, TN could only be valid up to one year. After October 2008, the rules changed and TN could be valid up to 3 years. But they can still provide shorter duration if they want. No one is clear why. We saw the same thing with H1B status, USCIS was issuing with less than 3 years. I recall there was a few lawsuits and they won. I believe they are back to issuing for 3 years now.
 
Top