bjmorgan wrote:I have a tricky
TN situation which is not exactly like yours but wondered if anyone had any ideas...I was on my 3rd TN (guess I was gettingsloppy with the requirements) and changed jobs in the middle of the year for which my visa was valid. The new company`s HR did not do anthing ie ask me to obtain a new visa at the POE, file by mail etc instead I asked them in Sep 08`one month before the visa expired - whether they could file an I129. The long and short of it is that I have been screwed by the HR because not only did they send a sloppy renewal which was not even the right thing to do- when USCIS wrote back (in February) asking for proof that I had been eligible to work for them for the 3 months prior to the renewal application; the company lawyer wsas finally consulted by their HR and he explained the mess to them and me. The route decided on was that I resign- they withdraw the `renewal`application since it was in error. I exit and re-apply with another offer letter etc. In themeantime, right after I exited, I went to re enter as a visitor just to get my stuff (I hadn`t thought that would be an issue) but was refused entry as a visitor because the CBPO though I was intending to enter and work illegally (go figure- as if I had to go through all that if that was my intent).
Question: Does the refusal of entry as a visitor and the past TN mess serioulsy wreck my chances of getting back to my job. I just don`t know how much information is processed at the POE and whether past visas are resurrected at the time of application. My passport has the stamp for the expiration of my last visa¸in Oct 08. Would the americans ask where I was and what I did from then to now or will it all be in their system.....
thinking desperately,
mubeta
I feel so sorry for you. Generally, do not get a new TN when you are close to the TN expiration day. Maybe I am new to this forum, I don't understand why you renew at a new company (you do not even have a
TN visa with them yet, you should renew with your old company instead).
If your TN to the new company were denied you still have the old company to stay, then they will let you back in. Right now you have resigned from the old company, so you have 2 choices:
1. Apply new TN with the old company, if they still want to keep you.
2. Apply new TN with the new company, this is the more practical scenario. It is OK that they've denied you on this, because you qualified but the company screwed up. I had a friend who was stucked in Toronto for a few days because the same thing happened, the new company's letter was not compliant. He eventaully got through after having the company corrected it. However, if the letter shows some long term intent that is inappropriate for TN, then you cannot apply for TN.
Yes it is very bad that you exited and tried to come back immediately, sometimes they give you a break, but looks like they won't now.