TN Visa awaiting for Administrative procesing

[fz9y1r]

Hello everyone,
I am a Mexican citizen with a Permanent recidency of Canada.
I applied this past May for a TN Visa renewal in Toronto, Canada. The first time I applied was from Mexico city. The same company is sponsoring for this renewal.
When I was interviewed, the US consular officer told me that my papers needed to be in an Administrative processing (Under 221 G) and can be solved within 10 days. Now it has been 2 months with the official response that they are still working on this.
I am still working from home (Canada) for the company.
My questions are the following:
Can I reapply for a new TN visa in Mexico, not in Canada?
Can the company terminate the contract based on this? Would that be legal?
If the company decides to terminate the contract, can I reapply for another company, eventhough the resolution never arrives to the old company?
I am really nervous about this situation since I do not have a real feedback form them or the current company.
Thank you in advance for your response.

 

[nelsona]

Unfortunately, an unresolved 221(g) is considered by both stste dept and border as a visa denial, and you will have to indicate such on any subsequent visa/status request, so trying at another consulate, or trying another sponsor will probably yield the same result.

Did the officer say why you were put in 221(g)? Did they send you a letter?

Probably lesson learned is to not apply for TN in Canada. Since Cdns do not go for a TN visa at Consulates, staff experience in adjudicating such work visa is next to nil (as opposed to Mexican cinsulate). Probably, in hindsight, Mexican application would have been best (but you certainly had every right to apply in Canada).

You could also have simply submitted an I-129 directly to USCIS, and only go to consulate after approval. Was this option not discussed?

As to your sponsor relationship, unless the terms of your contract forbid it, I see no reason why the sponsor could not dismiss you. After all, you were hired to work in their office, and for now you can't.