Travel to Canada while I-129 TN Renewal is pending

C

Canadian John

Registered Users (C)
Hey all,

Been a reader of these forums for a while now and now a member.

Just had a quick query about TN renewals by mail. I am currently on TN (Scientific Technician) which is set to expire July 26, 2007. This will be my third TN (Last TN and current TN done at Peace Bridge POE). We are in the process of filling out I-129 and sending it in. I have to travel to Canada June 23 for a wedding. If we send the I-129 this week and I travel back home for the wedding will I have problems coming back? Will it be considered abandoned? I'm just worried that it may be considered abandoned and that they may revoke my current TN if I re-enter on it (even though it will still be valid).

Thanks very much everyone.
 
As long as your current TN is valid, you will ahve no problem re-entering on it. Also, your travel will have no impact on the company's I-129 (note that it is their petition, so your actions can't affect it).

If the 2 dates were closer together, I would have advised that you forget the I-129 and simply get new TN when you came back. But given the 4 week gap, CBP may not want to give you new TN.

If I were you, I would still simply try to get a new TN on the way back, and, if refused, THEN submit I-129. I would do this just to save the hassle of i-129, not becuase my travel would affect I-129.

As long as you submit i-129 before July 26, your status is fine. There is no hurry to file i-129.
 
Many thank yous on your reply nelsona. I will go ahead and submit I-129 this week (I like doing things early especially when it comes ot something like immigration matters, just to be safe) and travel as planned.

I checked the USCIS processing times for the Vermont Service Center (which I believe serves Pennsylvania) and see that they're processing I-129's for TN's with a reciept date of Mid February so it looks like it will probably take around 2 months for me to get approved / denied so that will at least give me some wiggle room if I send it in this week in case I need to fix anything.

Thanks again nelsona, always appreciated.
 
If you end up needing to fix anything, you will probably just go to the border.

Like I said, there is NEVER any urgency to file I-129 before the TN expiry date.
 
Yeah you know what, that is true and a very good point. Plus I am confident my TN category & job is fairly straightforward and relatively pretty cut & dry so I could always just renew at border, it probably would make more sense and be less costly/hassle.

As always, I appreciate your help nelsona. Thanks again.
 
I have read recently some people getting their TN a month before their current on exipred while they went back to Canada on a trip. So not sure how often that happens, but seems people have gotten it within that gap.

Of course my one friend who lives on the border tried to get his done a week early and they told him to come back later when it was about to expire.

Yeah wouldn't hurt to at least try...
 
Yeah all that would happen is that I would essentially "lose" a month of my current TN (i.e. I go apply for new TN @ the border on June 24 on my way back to US, the expiry on the I-94 would read June 23, 2008 instead of July 26, 2008 if done by I-129) but that's no biggie.

Planning to do H1-B switch next year or year after that anyways (whenever I can get the quota).
 
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