TN renewal advice

moonrider_99
New Member



Joined: 24 Jul 2007
Posts: 9
Location: NY

Posted: Fri May 02, 2008 6:18 pm

 

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Dear Canadians,

I am on my first TN since August 2007. My contract will get extended for another year so I need to apply for a new TN at the end of this summer. I am planning to show up at the border with an updated employment letter and my diploma (as I did the last time).

I would like to have some input regarding:

a) Can I get my new TN before the old one expires or I need to go there on the day that it expires

b) Any advice regarding the new application? Should I go to the same port of entry (champlain)?


I'm a little nervous about this as I've read about people being denied a new TN: despite the fact that in theory it can be renewed indefinitely and that they got it the previous time. I have a MSc and work in the biotech sector.

thank you!

*edit: sorry if I'm in the wrong section*

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deborah
New Member



Joined: 01 Jan 2004
Posts: 6
Location: Maui

Posted: Sat May 03, 2008 12:00 pm

 

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From my understanding you can get a TN at any time prior to the expiration of your TN. I wouldn't suggest applying for your new TN on the day the old one expires. IF you ran into problems, you definitely wouldn't be allowed back into the country on an expired visa. If you apply before it expires, at least you would have a little wiggle room.

You can go to any point of entry. You need not go to the one you came through originally.

Are you aware that you can apply for an extension via the mail? Or rather your employer can. It's become cost prohibitive though. It is now $320 to apply for an extension via the mail. The process I usually go through is completing as much of the I-129 form as I can, then submitting the form (along with the $320 application fee that my employer is too cheap to pay themselves) to my employer's HR department where they complete the form and send it on to the Department of Homeland Security. If all goes well, within 3 to 5 months you will have a new TN without having to cross the border. From what I've read, as long as your application for extension is received prior to the expiration of your current TN, you can continue to work beyond the expiration of your TN. For example, say you apply now and your new TN isn't received until September - a month after your current TN expires - you are still "legal" because your new TN was being processed before your current one expired. The downside is that you cannot leave the USA during that interim of when your current TN expires and your new TN is received. The upside of mailing your TN extension is that the risk of rejection is less than that at the border. One other little bit of advice on submitting an application by mail - send photocopies of all of your credentials with your application. Sometimes they ask for a copy of one or more documents. If you send them in with the application, it avoids the slowdown of their request for a copy of a particular document and your sending it to them.

As long as you have all of your paperwork in order I think you should be fine if you decide to get your TN at the border. This is your first extension. I think that people tend to run into more resistance at the border when they have had several.

Along with all of the appropriate credentials, I have always brought photocopies of everything with me. It sort of helps speed up the process because they can take your photocopy instead of making one of their own.

I've actually only gone through the border twice to apply for a TN. The first time was prior to 9/11 and the second time was three years after. Otherwise, I've applied for extensions through the mail. Each time through the border I had no problems. I answered all of their questions honestly, but I didn't go beyond that. (i.e. I didn't volunteer anything they didn't ask for.) I've actually been hassled more going through the border on a return trip from a vacation when I have a current TN. The last time I was photographed and electronically fingerprinted.

Good luck with your application!

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BCM
New Member



Joined: 16 Apr 2008
Posts: 5
Location: Jersey City

Posted: Sun May 04, 2008 10:47 am

 

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Always cross the border during regular business hours. If there is any kind of problem you can call your company's HR dept.
Deborah is correct about getting the TN by mail, however, my HR dept did not want to fill out the paperwork.
Deborah is correct have photocopies of your degree and letter.
I have had 9 renewals and have never had a problem renewing at the airport in Montreal. I have never applied at a land crossing. I know several people who have had terrible experiences crossing at the Niagera crossing.

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ken
New Member



Joined: 24 Sep 2007
Posts: 6
Location: Illinois

Posted: Tue May 06, 2008 12:20 pm

 

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The problem with applying ahead of time is that you "lose" whatever days you had left on the original TN. For example, if your previous TN expires on June 1 2008 and you apply on May 15th 2008, the expiration date of the new TN becomes May 14th, 2009. The new TN do not expire on May 31, 2009. The reset of expiration date do not apply when applying by mail. The new expiration date when you apply by mail is one day before the expiration date of your TN. From my understanding, you cannot apply by mail until 90 days before the expiration of your current TN. Applying by mail cost slightly more, but at least you are in the country if the TN application gets rejected. You can then get in touch with a immigration lawyer or your company to remedy the application. If your TN application gets rejected at a border crossing, you are not allow back into the States regardless of how many days remaining you had on your TN visa. Everytime you apply for a TN, you are basically applying for a new Visa. So due to this risk, some immigration lawyers suggest you apply by mail. When you apply by mail, you will get a receipt number. This number is very important as it establishes that you have a pending TN application with INS. INS will allow you to work for an additional 240 days after your TN expiration if the application is pending.

Your thought about the applying for a TN indefinitely is not correct. It is true that there is no set maximum number of years like a H1B, but after a few years of applying for a TN with the same employer, INS at border crossing will start asking you questions regarding immigration intent. If you cannot establish that you have no immigration intent, the INS officer has the right to reject your application regardless of your paperwork. I would maintain a Canadian address if possible so you can produce a Canadian mailing address. Remember that a TN Visa presupposes that you have no intentions to seek permanent residency.

I've been on a TN now for 7 years, and the first five years were applied for at a border crossing. I've always drove up to the Port Huron/Sarnia crossing. Never had a problem until two years ago. They kept asking me about my family in Canada and so forth. I was able to demonstrate that I still maintain a residence in Toronto (with my parents). But it was pretty stressful waiting for them to make a decision. After that one time, I decided to renew by mail instead. My company took care of the application so I cannot tell you if there were ever problems with establishing nonimmigration intent.

Hope this helps.

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