I am a Mexican citizen who holds a bachelor's degree in Chemistry and Biology. I have had F1 status for a little over 6 years. My OPT STEM extension ends March 10, 2015. (Before the next fiscal year for H1B) I want to apply for TN status so I can continue to work between the end date of my OPT and the filing date of H1B. Can you please explain form I-129? If I read the website correctly it seem to say that I-129 is NOT REQUIRED for initial TN status but it is required for TN extensions. From what I understand I would only need a copy/original job contract/job offer in order to request initial TN status. Am I right? Also, do I qualify for EB3 visa? If not can you please explain why? Is it legal for an employer to ask me if I'll need sponsorship in a job application? Any news on Immigration reform for people that have been here legally?
Hi. You only need an I-129 if you extend in the US via the Service Center. When you TN is about to expire, you can file in the US or go back to the Consulate like your initial application. Thus, you do not need to file the I-129. To access your qualifications, I would need more information about your full background, the job and the company. You can always call or email for more information.
Your question is too complicated to be answered in a few words here. Call my office to get answers, the person to talk to is Yu-Ling Davis, she handles all work related status issues.
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