TN renewal at border

M

mj66

New Member
If a TN renewal got denied at poe and if the current TN hasn't expired can I still apply mail in extension by filling i-129 form?
 
Yes, if they allow you into the country. Otherwise your I-129 will not be an extension, but a new TN.
Better to get the problem fixed if you get a denial. It is usually some paperwork issue.
 
Thank you nelsona. I am soon going for renewal at poe. Do I have to apply TD for my family members or can I apply them later like on weekend? They are in US with valid TDs. Once I get the renewal does their old TDs become invalid and will they be out of status?
 
Their TDs are based on YOU having a TN, not on a particular TN. Their TDs remain valid until their original expiry date. You can renew them anytime it is convenient before expiry.
 
I went to border today for extension even though my current TN expires in 3 months. My lawyer said its ok to go this early. Officer asked why I came so early and I said I got a new contract. She asked me for the contract which I didn't have, all I had was the letter from employer. I didn't get the renewal as the officer said its too early and the letter doesn't have dates so she said she is confused from which date to issue the new TN. She told me to come back close to the expiration date with new contract. So disappointed. Lawyer insisted that going early is not a problem.

Thinking of mailing it rather than going to the border again. Can I still submit premium processing as I still have 3 months for the current TN?
 
Another example of why using a lawyer to prepare TN petitions is a waste.

You neglected to ask that in your original post. hd you, you would have been told not to bother going to border. 3 months was WAY too soon.

Just so you know in future, the border doesn't do "extensions", so do not ask for an extension if you ever apply at border again. They issue "fresh" TNs, with expiry dates no more than 3 years from the day you present the petition, based on the current-dated TN letter you present (it doesn't need a start date -- it needs a stated time period of employment of no more than 3 years). And when the TN has the same sponsor/job/category they typically only give new TNs just as the old TN is about to expire (2-4 weeks).

If you wish to now file by mail (using form I-129), that is up to you, but I wouldn't bother with premium processing. Your current TN is valid for 3 months PLUS the 240-day grace period while I-129 processing takes place.

The company has already wasted money on a lawyer who was not competent in TNs. Are they going to pay him to prepare your I-129?
 
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Nelsona,
" current-dated TN letter " means just the date the person goes to POE os is it different?
 
Its the lawyer and my HR insisted to go so I went. The letter was prepared on Dec 28th and was signed by HR on 1/3. I didn't use the word extension. I just told the officer I came for TN. The letter asked for 3 year TN, but the officer said there is no start date on the letter. When I went for TN for this company its the same format letter I used. It also didn't have start date, just asked for 3 year starting immediately. In the new TN letter they didn't use the word immediately. All they put is we are asking you to issue 3 year TN.
 
kaca said:
Nelsona,
" current-dated TN letter " means just the date the person goes to POE os is it different?
Click to expand...
Dated within the last few days.

The reason they did not put "immediately" is because they mistakenly thought they were asking for an extension of 3 years to be tacked on to the END of your TN, which is not possible at the border. Their ineptness grows....
 
Went to border again today for extension and I got approved for 3 years. Current TN expires in apr, 2017. When I tried on Jan 9th the officer didnt approve as the supporting letter doesnt have start date and I had no new offer letter. This time I took the new offer letter and added start date on the document. First thing she asked me why I came early for approval and I answered that my company got acquired so rules changed and I got new offer. She took the offer letter went inside and approved the TN.

Just want to share this as this forum is so helpful. Now crossing fingers as what Trump will do to NAFTA.
 
I might suggest that instead of crossing your fingers, you and your firm come up with alternatives now (like preparing an H1-B filing, or looking at working from Canada), in order to mitigate disturbances to your career.
 
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