Changing jobs via the 1-129 to Nebraska

SarniaGrl
CanuckAbroad Regular



Joined: 18 Mar 2008
Posts: 45
Location: Tennessee

Posted: Wed Sep 03, 2008 8:09 am

 

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Hi, I was wondering if any of our forum members had utilized this service rather than returning to their POE of choice, any feedback? I am considering using it over a trip north.

Employer Information Bulletin 11

March 16, 2005
U.S. Employment of Canadian and Mexican Professionals under NAFTA

Change of TN Employment

TN-1 Canadians may change employers or add an employer by filing Form I-129 with the Nebraska Service Center or by departing the US and presenting revised documentation, relating to new employment, at the port of re-entry.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Wed Sep 03, 2008 11:15 am

 

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Based on the posts on here it seems to take ages, which makes it impractical unless you've got a patient employer.
_________________
Steve.

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SarniaGrl
CanuckAbroad Regular



Joined: 18 Mar 2008
Posts: 45
Location: Tennessee

Posted: Wed Sep 03, 2008 11:47 am

 

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I had heard it can take 3-4 months to process this way by standard processing and it was suggested I may want to 'expedite' the application, even though the cost would run $1000 for premium processing (taking about 10 business days). In the past I've gone through the POE so I was leaning this way to save some wear and tear on my car - and me, lol.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Wed Sep 03, 2008 4:09 pm

 

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Well it costs less to get a plane ticket, surely. I wasn't aware premium processing was available for TN-1 to be honest.
_________________
Steve.

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SarniaGrl
CanuckAbroad Regular



Joined: 18 Mar 2008
Posts: 45
Location: Tennessee

Posted: Wed Sep 03, 2008 4:37 pm

 

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I've never gone through the airport to obtain my TN, I will certainly reconsider at it though. I guess my biggest fear with that would be what to do if they request a clarification of something and I would be stuck without my car. As for the TN being available with that processing, I wasn't aware of that either. I was suprised to find this bulletin and verified with an immigration attorney in Nashville it was still current and he advised on sending the 1-129 in (with all pertinent documentation) with premium processing vs. crossing the border.

From the USCIS site;
I-907 application (Request for premium processing): only if the I-129 beneficiary is an E, H-1B, H-2B, H-3, L, O-1, O-2, P-1, P2, P3, P-Support Staff, Q, or TN nonimmigrant.

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kevinlg
CanuckAbroad Regular



Joined: 04 Dec 2007
Posts: 59

Posted: Fri Sep 05, 2008 2:29 pm

 

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Wow! good finding.
So now there are 3 ways to get our TN.

I-129 standard
I-129 Premium (costly $1000)
and
Fly to POE.

Although premium looks pricey, but time frame is more comparable to apply @ POE, if it is really 10 bday.

However, with the skyrocketing oil price, airtix goes up (unless you are close to border), the gap is shrinking.

Premium process has the incentive of fast(comprarble return time) and as well no pressure from the POE guard.

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kevinlg
CanuckAbroad Regular



Joined: 04 Dec 2007
Posts: 59

Posted: Fri Sep 05, 2008 2:31 pm

 

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I may consider doing this when I need to renew, since they change to three years (hopefully) by june 2009. 1000 for three years renewal, not a bad option at all.

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SarniaGrl
CanuckAbroad Regular



Joined: 18 Mar 2008
Posts: 45
Location: Tennessee

Posted: Fri Sep 05, 2008 6:10 pm

 

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Some more info for you and links to further details;

Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.

The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

According to this, the TN1-Canada classification was initially deemed eligible for premium processing service on July 30,2001.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD


Instructions for Electronically Filing Form I-129

Please review this page before attempting to complete and file your form electronically. Note that this information may pertain only to forms filed electronically and may not apply to paper-based filings. Failure to follow these instructions may result in your application or petition being delayed or denied.

I-129, Petition for a Nonimmigrant Worker

Who Is Eligible to e-File This Form:
Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training as an H-1B (when the cap is open for filing), H-2A, H-3A, H-3B, O-1, P-1, P-2, P-2S, P-3, P-3S, or Q-1 nonimmigrant worker.

Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, R-1, TC, or TN nonimmigrant. Please see the State Department website for more information.

See the Instructions for paper Form I-129 for information on visa classifications.

Concurrent E-Filing:

I-907 application: only if the I-129 beneficiary is an E, H-1B, H-2B, H-3, L, O-1, O-2, P-1, P2, P3, P-Support Staff, Q, or TN nonimmigrant.

When e-Filing an I-907 concurrently with an I-129, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-129 is received at the Service Center that has jurisdiction over the I-129.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=049590be46ccd010VgnVCM100000d1f1d6a1RCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD

I also looked at plane tix, and to fly from Nashville to Toronto (and back) came out to $1130 USD. With stopover flights it still came out to the mid-700's, so I think this will be the way to go, and forget the road trip!

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