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Max Number of TN Visa Renewals?

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Ken

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Dec 1, 2002, 1:21:14 PM12/1/02
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I am a Canadian citizen working in the US under a TN Visa (Computer Analyst
category). I have successfully renewed my visa twice by having my company's
legal department mail my renewal request to the INS Nebraska processing
center. This process has not caused me any problems at all.

But, I believe the TN visa is a TEMPORARY visa although I don't know of any
limit as to how many times it can be renewed while you are in the same job.
At my company, I may continue to work on my current project for another
year. But, I'm sure when my current project is over, they will want me to
work on another similar project that I would say still qualifies me under
the Computer Analyst category.

Does anyone have experience with the INS refusing a TN visa renewal simply
because you tried to renew it too many times? If so, how many times did you
try to renew it before you were refused? The reason I ask is I'm wondering
whether or not I should be applying for an H1-B visa. Any thoughts would be
greatly appreciated. Thank you.

Ken


Stuart Brook

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Dec 1, 2002, 5:34:12 PM12/1/02
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This is a question as old as NAFTA and the CFTA themselves. In theory,
if the employer can justify the extensions, then there is no reason you
can't get an extension. Some folks have now been in the US for 10 years
on TNs.

That said others HAVE had requests for evidence from the Nebraska
Service Centre after 6 years in the US asking them to demonstrate that
they will leave the US on completion of their duties, and what ties they
have to Canada.

Going to the border is another matter. Some crossings, and particularly
those under the Seattle district are FAR more rigid about issuing TNs
and have refused personal renewals after 2 or 3. One person was refused
a new TN at the first renewal at YVR pre-flight. (There is one
notorious officer servicing crossings in that area who we're sure
wouldn't issue TNs at all if he could get away with it!)

Beware too that if you travel across the border, the risks of refused
re-entry increase with time too ... you could meet an officer like the
one mentioned above ... it happens.

There is no official word, but generally it would appear that after 6
years on a TN (same as the non-immigrant time permitted in H1B) many INS
officers start getting "itchy" about your presence.

Stuart

Ken

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Dec 2, 2002, 9:17:43 PM12/2/02
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"Stuart Brook" <s_brook...@not.here.for.spam.att.canada.ca> wrote in
message news:3DEA8F28...@not.here.for.spam.att.canada.ca...

It sounds like I should start thinking about applying for the H1-B if both
my employer and I want me to stay in the US long term. Thanks for your
comments Stuart.

Ken


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