I am a Canadian Citizen working in U.S.A under TN1 Visa for last 9 years. Due to a family member's terminal health condition, I left U.S on Family Sick Leave. When I left, my employer (a State Govt. agency) filed petition for my TN Visa renewal/new TN Visa. USCIS issued a letter of RFE (Request For Evidence) to prof that I was in U.S. But I was not. Law is, USCIS can't issue a Visa/TN when beneficiary is not physically present in U.S at the time of application. My TN visa expired but due to pending petition I am eligible to stay in job/U.S for 240 days.
It will be a great help if anybody knows "How to respond to this RFE". If USCIS deny to Issue my TN Visa, my employer can not legally keep/employ me due to my visa status, I have to leave U.S. How can I come out of these situation.
It will be a great help if anybody knows "How to respond to this RFE". If USCIS deny to Issue my TN Visa, my employer can not legally keep/employ me due to my visa status, I have to leave U.S. How can I come out of these situation.