TN Visa for same company

Hi there,
I just got back from the border at Lewiston where I attempted to get my TN processed for the same company that I am currently working for. The expiration of the current TN is approximately 60 days out and the agent at the border told me that they cannot process a TN for the same company when the expiration is greater than 30 days out. In fact he said it was ''against the law". Since TN's are not 'renewed' how can the length of time until the current one expires possibly have anything to do with it. Technically you are applying for a new one each time and in fact, I've been told that any prior TN's that I've received have no bearing on getting a new one.
Does anyone know if this 30 day rule is in fact true? I can find no record of it anywhere. I am considering trying to get the TN done at Pearson on my return trip south in a couple of days.

Thanks

Yeah, you're right. Each grant is independent of any previous one.

Well, I came in at Pearson this morning but did not attempt to get my TN processed due to time constraints. I did ask the agent if he knew when I would be able to get a new TN when it will be for the same company (did not use the word 'renew' ) and he said that since it expires at the end of August I could get it some time in August.

So although it defies all logic there seems to be an unwritten rule that is being followed. They will only process a TN when it is being issued for employment with the same company when it is about a month from expiration.

Unwritten rule? No. Rather the law. Actually if you get technical aboout it, a TN applicant must make a meaningful departure from the United States before applying for another TN. That said, Officers could easily require TN applicants to be out of the country a certain amount of time before applying for a new TN. But they don't. That would be the "unwritten rule".

There is no 30 day rule either. But....a TN is by law, a temporary employment visa. If you are applying for the same position at the same company before your first TN even expires, it's more like a permanent position. You act like it is a crime that the Officers are following thier governments laws. I personally would say it is a crime that I have to give someone a Work Visa for 3 years for only $50 and have them bitch that they are inconvienenced by having to wait 30 days. If I am not mistaken, a US Citizen pays Canada $500 a year for the right to work in Canada.

I'm sorry you have the impression that I "act like it's a crime". All I did was state the facts of my encounter and ask for clarification. I then posted with the further information that I gained. I was certainly frustrated but rest assured there was no bitching with either the agents at the border or in this post. Just confusion; if each application is 'new' then why the relevence of the expiration of the earlier issued TN status? Also, if applying with an I-129 via mail has to be done 2 1/2 months prior to expiration, why the difference when applying in person?

Thank you for the information about 'meaningful departure' as this is obviously closer to what the agent was trying to communicate than a 30 day law. I'm still not sure how that law fits with the I-129 application by mail though and why it is relevent only if you have actually made a departure and are applying at the border.

I do understand the impression may be that it is not temporary if you are applying for a TN for the same company before it has expired but there are quite a few reasons that an employer may want a TN holder to do this:

New manager wants direct reports to have employment agreements directly with them.
Client wants assurance of continuity of the team that is assigned to their project.
HR departments change annualization date of contract agreements.
Due to the economy and lay-offs employees have been required to re-apply for thier position.

My attempt to have my TN processed 60 days ahead of expiration was for my employers convenience NOT my own. The information about 'meaningful departure' was not readily available or the trip would not have been made. Hopefully this discussion will help others in a similar position.

If you're doing essentially the same job, same job title with the same company i.e. everything is pretty much the same I think that's a situation where filing an I-129 is possibly the thing to do because it's straightforward and there are no real questions for them to ask you. However it is potentially more expensive doing it that way ($320 v. $56), just saves you the trip to the border.