TN1 Visa-USCIS issued RFE

MM Rahman

New Member
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.
 
That is not the Law.
It is not true that one cannot file an I-129 -- and USCIS approve -- when not in US. This is a recent change that many now take advantage of. However, if your employer stated that you were legally in US when you weren't that might be the issue. You would then go to border to activate.

If you are not in US, then in your case it shouldn't matter, as you can get your TN at the border, next time you go to work. The TN renewal was not really necessary.
If it comes down to it, just go the border and get new TN.

And if you are in US, then simply refer them to your current I-94.

I would drop the petition and go to border before the 240 day period expires.
 
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