For all of you who really want to know the official document of 240 day rule:
8 C.F.R. PART 274A.12(b)(20)
Since I cannot post the url, for those of you who want to see it, look for "8CFR" on USCIS's website and move it down item by item.
However, I am quite confused by the word "timely". How long can it be? 45 days (as USCIS suggested)? 2 months? 4 months? or...? It is very subjective.
I filed an extension request on June 10, and I received the notice of action which dated June 18. My current TN will be expired on Aug 17. Should I keep on waiting or go to POE?
I prefer to have it done without leaving the US because I have an H-1B approval (no I-94). Here is the thing: my coworker accidentally missed her H-1B expiration date in April and worked beyond the date for a few days. When she returned to China for her visa, she got "name check" for 2 months. If I run into a similar situation, I would have a total of 3.5 months out of work (if I went to a POE and got denied). In that case, my company can pull the plug legitimately and I doubt that I can even claim UI in Canada for that case - after sweating for the company for 2+ yrs.
Of couse, I will still leave the US when I decided it's time to switch to H-1B. But that's another story.
Can anyone suggest me how to do to minimize the risk? Thanks.
8 C.F.R. PART 274A.12(b)(20)
Since I cannot post the url, for those of you who want to see it, look for "8CFR" on USCIS's website and move it down item by item.
However, I am quite confused by the word "timely". How long can it be? 45 days (as USCIS suggested)? 2 months? 4 months? or...? It is very subjective.
I filed an extension request on June 10, and I received the notice of action which dated June 18. My current TN will be expired on Aug 17. Should I keep on waiting or go to POE?
I prefer to have it done without leaving the US because I have an H-1B approval (no I-94). Here is the thing: my coworker accidentally missed her H-1B expiration date in April and worked beyond the date for a few days. When she returned to China for her visa, she got "name check" for 2 months. If I run into a similar situation, I would have a total of 3.5 months out of work (if I went to a POE and got denied). In that case, my company can pull the plug legitimately and I doubt that I can even claim UI in Canada for that case - after sweating for the company for 2+ yrs.
Of couse, I will still leave the US when I decided it's time to switch to H-1B. But that's another story.
Can anyone suggest me how to do to minimize the risk? Thanks.
