Validity of passport to renew TN visa

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flipopNew Member
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Joined: 5 Jan 2009

Validity of passport to renew TN visa

Post Mon Jan 05, 2009 12:23 pm

My TN visa expires (May 09) while my Canadian passport is valid till (April 10). Do I need to first renew my Canadian passport and then renew my TN visa? Or can I renew my TN visa (via mail) and then when time comes, renew my Canadian passport.

Can you submit a renewal of TN visa and then leave the country? I was told that as long as you are in country when you submit TN visa, it should be fine. You don't have to be here for the entire duration (it could take a while). I travel a lot for work and it would be difficult for me to be here.

Third question is, do they now automatically give a three year extension on TN visa?

Looking forward to responses
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Re: Validity of passport to renew TN visa

Post Mon Jan 05, 2009 1:00 pm

You only get whatever time limit is indicated on the job offer letter up to three years, so if it says three years, you get three years.

If you file an I-129 to renew your TN-1, then you can leave and re-enter on your current TN-1 while it is valid. Obviously people generally don't do that because if you're re-entering, you may as well re-apply at the POE.

USCIS generally don't care how long your passport is valid, they're more worried about their own paperwork, but they do seem to expect your passport to be valid for at least six months to establish "non-immigrant intent", i.e. you retain the ability to re-enter the country of your origin. But that seems to vary on the guy you get at the POE. If you tell him you're going to renew it while you're in the US he may accept that as an explanation, certainly I've done that in the past.

Not that you need a visa for TN-1, but even if it required a visa, the visa is purely the thing that allows them to let you enter in that category - the I-94 is the important bit of paperwork. TN-1 is actually a completely visa-less category, because it can only be issued to Canadians and Canadians don't require visas for most non-immigrant categories.
Steve.
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flipopNew Member
Topic author
Posts: 2
Joined: 5 Jan 2009

Re: Validity of passport to renew TN visa

Post Mon Jan 05, 2009 1:09 pm

Thanks. So what you are saying it does not matter if my passport expires after the new TN visa. I still can keep that visa and transfer it to my new passport when i get one.

I currently have a TN which is a I-94 with "multiple entry" stamped on it. Its been useful as I travel a lot for work overseas and can go in and out of US without any issues. If I renew by mail, will they send me a new stamped I-94?
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: Validity of passport to renew TN visa

Post Mon Jan 05, 2009 11:33 pm

Like I said, there is no visa, there is nothing to transfer into your new passport, all you have is the I-94 card. I suppose you could keep your old passport with you if any questions come up about the validity of it. But USCIS do keep records, it shouldn't be necessary, the number on the I-94 is recorded in their system under your name.

I haven't personally tried filing an I-129, but they do send you an I-94 is my understanding.
Steve.
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