Apply for TN at the border while spouse dependent I-539 and I-765 pending

L

landlock

New Member
I am a Canadian citizen who currently resides in USA. My I-539 (E2) and I-765 (EAD) applications are under review after responding for RFE on 10/18/2017. I have just received an engineering job offer this week. Can I leave USA and apply for TN nonimmigrant status at the border while my petitions are pending?

My new employer is expecting me to start on 11/6/2017 and I am not sure if my I-765 (EAD) petition will be approved prior to my new employment start date. I am hoping I can apply apply for TN nonimmigrant status at the border so that I can start work on 11/6/2017

Please note that my I-539 and I-765 applications are based on my spouse's I-129 petition to extend E2 status.
 
The I-539 would be considered abandoned, and you would nit get your EAD either, since you would now be TN, not E2.
If you want to get TN, you will need to, at some point, restart the E2/EAD process.

It's up to you and your employer to decide if you can wait.
Do you have a valid EAD now, based on the previous E2 period?
 
I have decided to file premium processing which provides a 15-calendar-day response from USCIS, due to the risk involved of not getting my TN approved at the border.

My previous valid EAD (based on previous E2 period) expires in August 2017, and my I-765 (EAD) ongoing application is still pending.
 
This must be the luckiest day of my life. I just received an electronic notification from USCIS that my new EAD Card Is Being Produced and will be mailed to my home address.

Thanks to the support of this wonderful forum! I didn't have to file premium processing.
 
Did you mean, your previous EAD "expired' in August 2017? or expires in 2018?

In any event, good for you.
And interesting point is that going to the border to get TN would have killed your E2 (and therefore your EAD) request. But doing a TN mail-in would not, because, even though you would be granted TN, the E2 process would likely be approved later, reverting you to E2, and getting you your EAD.
 
The expiration date on my previous EAD was August 2017.

Crossing the border will result in all my pending petitions being abandoned. I will have to withdraw all pending petitions if my TN is approved at the border crossing.
 
Yes, that is why you should NOT go to the border. Forget TN. Even with Premium processing, it is unlikely that your TN would be approved before your EAD is sent. Wait for the EAD and start when this arrives. Your EAD is a much better status than TN.

But if you do send TN premium processing (I don't know why, since your EAD will allow you to work., why would you think you then need to go to the border? If you are in US and your I-129 is filed properly, You will be granted TN status immediately on approval (there should be the I-94 attached to your TN approval) , without the need to go to border.

DO NOT CROSS THE BORDER.
 
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