trying for another 3 yr by mail

M

Maryjoe

Registered Users (C)
About 3 years ago I received my TN by mail (good for 3 years). My current TN is due to expire Apr 2012, so I am planning to apply by mail again for another 3 years.

Does anyone know if I need to do anything different this time as far as paperwork is concerned ? I suppose I file the same I-129 like I did last time and that would be sufficient?

Anyone encountered any problems trying to renew by mail for a 2nd time?

Any feedback or advice would be appreciated, thanks.
 
No changes.
Apparently I-129 TN approvals are taking about 6 months, but since you are willing to do this by mail rather than instantly at border, this should not be a concern for you. Do you never leave US?
 
nelsona said:
No changes.
Apparently I-129 TN approvals are taking about 6 months, but since you are willing to do this by mail rather than instantly at border, this should not be a concern for you. Do you never leave US?
Click to expand...


Thanks Nelsona, no, I don't plan on leaving the US for at least another 9 months.

Before I started doing this by mail, I used to re-applied for my TN at the border. One time the CBP asked how many years have I been working in the US under a TN visa, he said TN is supposed to be a temporary visa and I am not supposed to use this visa for long term employment in the US. I got spooked over that incidence so I decided to apply by mail instead.
 
Questions about I-129

Hi Nelsona or anyone who can help,

I am about to send in I-129 and I-907 (premium processing) to renew for another 3 years.

Questions:

1) Am I allowed to send all the paperwork by FEDEX? I went through the instructions for both I-129 and I-907, no mention at all if we are allowed to send the paperwork by FEDEX or not.


2) Form I-129, Part 4, question 9:

"Have you previously filed a petition for this beneficiary? If yes, explain on page 7, Part 9"

Since this is the 2nd time my employer is petitioning by mail using Form I-129, I would assume my employer's answer to the above question is YES. However, I am not sure what explanation we need to provide, do we just mention "previously filed an I-129 petition for the beneficiary 3 years ago for TN extension" as the explanation ?

For those who have done more than 1 renewals by mail, what explanation did you provide when answering form I-129, Part 4, question 9 ?


3) Form I-129, Part 5, question 2 asks for "LCA or ETA case number". Does it apply to TN ?


Thanks
 
Hi Maryjoe.

I sent ours on UPS next day delivery and didn't have a problem with that, i know it doesn't give you an answer about fdex but that's the feedback I can give you for now.:p

As for your second question, I've only done it once by mail but i suppose your answer would be fine, I would probably just add your previous approved case 3 or I94 # as a reference for them.

At last, LCA or ETA # can be left blank or write down N/A on that space ( I don't like leaving blank spaces on any forms), as far as I know LCA is not required for TN visa holders, this is one of the main differences between H1 & Tn visas.

HTH
 
Thanks Manuel0822

I will FEDEX overnight, I guess the worst that could happen is that FEDEX comes back and says USCIS refuses to accept the package.
 
btw Manuel0822, how long did it take before you get yours approved? My employer is a bit reluctant to pay that extra $1225 for premium processing.

My existing TN expires the end of April 2012, I read some of the recent posts and it appears that processing time can take several months these days, just wonder if I should insist my employer to do premium processing for me.
 
As Nelsona previously mentioned, I'm one of the cases were it took 6 months to get the answer back, this is why he is suggesting a quick trip to the border. Assuming you are Canadian you don't have to get a consular visa so it's not that big of a deal to just go to the border.

Having that your are just requesting extension of stay with the same employer, you are going to have a tough time getting your employer to pay for it if they're already reluctant as the only thing it will give you and them is a quicker response and peace of mind but nothing else.

Premium processing it's more likely when you want to get a second TN and you are already in the US. A second employer will more than likely want you to start ASAP rather than waiting 6 months for you to start or asking you to go back to the border again.

Since you have another 3 1/2 months before expiry, you have nothing to worry about the waiting (unless you plan to go out the country in the near future). You can be on pending case for 240 days after your current TN expires, so you have almost a year from now and you'll still be safe on the waiting.

HTH
 
TN Visa - Premium Processing doubt

Hi,

I will be applying for a TN2 visa very soon, and I am having an immigration attorney help me with the application process.

Currently, I am on OPT period (F-1 Status) which expires June 30th, 2013 - so time is a little tight, as today is May 14th, therefore Premium Processing is necessary.

I am okay with covering the Premium Processing Fee ($1225.00), but what I thought was a little strange is that my attorney is asking me to send a check payable to him, and he will later issue a check to USCIS for the same amount (as well as I-129 fee, which my employer is covering). Would it make sense for me to send the check directly to the USCIS?

When I was getting quotes from several attorneys to select the best option for me, one of them mentioned that Premium Processing Fee was not necessary if we applied before my OPT expired - which does not really make sense but is still confusing me.

I am not sure if I'm being too skeptical or careful in sending a check for $1225.00 when it might not be that necessary.

Just wanted to get someone else's thoughts on this, but ultimately I'll just have to discuss it with my attorney.

Thanks for your time in advance!!
 
Would it make sense for me to send the check directly to the USCIS?
Not if you aren't sending in the I-129.
one of them mentioned that Premium Processing Fee was not necessary if we applied before my OPT expired - which does not really make sense but is still confusing me.
In order for you to begin working under TN, you need an approved TN. So, while you could simply send in the TN application for regular processing, and then just wait for its approval (you would be in legal TN-pending status for the purposes of presence in the US) you could not work until it was approved, which could take months.
The lawyer was proboably confused with the situation where you already have a particular work status, and are simply renewing/extending that same status. In such cases Premium is indeed a waste in most instances. This is not your case however.
 
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