TN renewal and H-1B question

H

hotpepper

New Member
My company is going to submit H-1B petition for me on April 1, 2009. I am currently on TN and my TN will be expired in June 2009. My question is: when should I submit my TN renewal? should I wait until I receive the result of H-1B? I am worried that TN renewal and H-1B impact each other because they both use the same I-129 form.

Thank you for your answering.
 
You need to submit the TN renewal befor your current TN expires. The H1 petition has absolutely no impact on your TN process.

You absolutely need a status between June and supposing you ge H1 approved -- October.
 
hotpepper said:
My company is going to submit H-1B petition for me on April 1, 2009. I am currently on TN and my TN will be expired in June 2009. My question is: when should I submit my TN renewal? should I wait until I receive the result of H-1B? I am worried that TN renewal and H-1B impact each other because they both use the same I-129 form.

Thank you for your answering.
Click to expand...

I guess you will have lawyer doing it for you. I would definitely ask him...

Other option is just go across the border and get TN if you're near a border crossing. No I129 confusion.
 
Most lawyers are clueless as to how Cdn to US immigration works. The fisrt thing the lawyer will tell you is that you need a visa (wrong) that you can't leave US while I-129 is pending (wrong), and that you can't get TN while waiting for H1 (strike three).
 
My H-1B petition has been assigned to the lawyer my company hired, and I am responsible for TN renewal petition because I don't want to pay $3000 for it. I have completed all paperwork of TN renewal and the package is ready to go. My H-1B petition is supposed to be sent at April 1, is there any risk if I send my TN renewal petition one week before April 1? Or if I send TN renewal petition after I win H-1B, does the TN renewal petition invalid previous approved H-1B petition?

Thanks again.
 
Your H1 is unlikley to be approved before June, and even if it is, it doesn't give you any status until at least October.

As I said, each I-129 is separate entity, judged on its own.

It is entries int o the US in a certain stataus that invalidates perevious statuses.
 
TN Exit strategy requested

I am in a similar situation except I received a Request for Evidence after filing a TN extension (5th time). USCIS wants a statement about my "exit strategy" and proof of foreign residence. I am worried about how this statement will affect H1B application. Any thoughts?
 
It won't affect your H1.

First, there is no requirement to have a foreign residence on TN. Your exit strategy is return to Canada, like it has been all along.I would be talking to lawyer, as your RFE response needs to be strongly worded to quash these requirements.

But, in terms of H1, which won't even look at your TN petition, H1's definitely can have immig intent, and like TN don't require an exit strategy or foreign residence. And even if you have to leave US in the interveneing time, your H1 can be awrded while you are out of country -- that's how many get it
 
Forgot to mention company has started PERM so I really feel on shaky ground. However, if Perm is rejected we will return. Any experience with asking for TN extension to coincide with H1B start date? I read about that but consider it pretty risky in my situation. Timing is the critical issue as always.
 
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It would be pointless to ask for a TN just until your H1 ia approved; you have no idea if you will get H1. You get a TN for a full work period.

There is no critical timing issue here -- your 2 cases have absolutely nothing to do with each othr, so don't make it to be so.Focus on fixing the current TN application, or, better yet, go to the border, get TN, and withdraw your TN I-129 completely. Sometimes its just not worth fighting with CIS when, really, CBP can do the job much quicker.

The H1 will take care of itself.
 
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I wish it were that simple! Last time I crossed, CBP told me they would not grant new TN when old one expired. Advice was to file for extension and amend job title. Company started PERM right away and will file H1B this week. This RFE for the TN has thrown a real wrench into things. BTW, company has tried to fill my position but no qualified candidates.
 
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Like I said, you may need legal representation. CBP cannot summarily tell you that they will not let you thru "next time". To do so is a violation of conduct, because it is saying that they allowed someone in who was otherwise inadmissable.

There is no tme limit on Tn.

You staement about trying to fill your position is not germane to either H1 or TN.
Your approved perm application will tell anyone that your position was correctly filled. And that only applies to GC, not TN/H1.

You need to stop being pushed around. Get a lawyer.
 
You're right - Monday can't come soon enough but it's great to get another perspective. What's keeping me up at night is the request for my statement describing my plan for permanent departure.
 
Plan: your TN ends, you leave US or get another legal status. Plain simple and absolutely true.

I'd be at the border on Monday getting new TN.
 
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