TN Visa Extension RFE

M

markis lorenzo

New Member
hello my name is Markis, i am Mexican citizen TN Visa holder for last 4 years...my visa/I-94 will expire on Dec 21st 2017..we requested 3 years extension,application filed premium processing (TN-TD) on beginning of Nov 2017 to Vermont PC. RFE requested on mid Nov, we respond the RFE on Dec. 04th..until now i have not heard anything from USCIS..
my question is what should i do if i won't hear anything from USCIS before my vise expires ?
can i stay more ?
any grace period ?
can i still work even my visa already expired ?
i also have B1/B2 visa which expires May 2020, that would be help meanwhile ?
thank You for your time
 
You are eligible to work until a decision is made on your case. I would wait for NelsonA and others to respond though.
 
markis lorenzo said:
hello my name is Markis, i am Mexican citizen TN Visa holder for last 4 years...my visa/I-94 will expire on Dec 21st 2017..we requested 3 years extension,application filed premium processing (TN-TD) on beginning of Nov 2017 to Vermont PC. RFE requested on mid Nov, we respond the RFE on Dec. 04th..until now i have not heard anything from USCIS..
my question is what should i do if i won't hear anything from USCIS before my vise expires ?
can i stay more ?
any grace period ?
can i still work even my visa already expired ?
i also have B1/B2 visa which expires May 2020, that would be help meanwhile ?
thank You for your time
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From what I heard and read so far, when an extension is in progress/pending, the applicant is allowed to work for the same employer upto 240 days from the day the visa/I94 expired.

To be sure, please check the USCIS website for accurate info.
 
As was mentioned, since you filed an I-129 in a timely manner (before your I-94 expired), you will remain in legal working status for up to 240 days past I-94 expiry (as long as you remain in US during that time). Your TN visa from the consulate is not required to be valid while you remain in US. Your B1/B2 visa is of no use to you (and my be invalid in any event, since you no have a TN visa), so forget about that.
 
thanks everybody for kind answers
this morning i received the Denial e-mail..
can i still stay 240 days and working ?
my plan is going back to Mexico next week and re-apply again at US consulate as i did last 4 years
what about if will not approved in Mexico
do i have chance to come back with my valid Tourist visa ?
 
1 - If you have been denied, you must leave the US within 60 days ( which is the grace period )
2 - If your situation has not significantly changed viz. you have acquired a new skill, or an employer that is hiring you for a much higher pay / or a more complex position, don't apply immediately as it may not help you get the visa
3 - Coming back on a tourist visa will only make your life miserable, as people will take advantage of your situation and pay you less or even worse indenture you.
4 - It is better to learn a new skill in Mexico and work and gain quality experience and re-apply in a year's time.
 
Just to correct the above.

1. The grace period is NOT 60 days, when the I-94 is expiring. It is the I-94 expiry or 60 days, which ever is SHORTEST. the denial notice may give you certain guidance as to how long you may remin, however it is NOT 60 days.
2. Obviously the reason for the denial would be paramount in deciding what to do next, but it will be from the consulate in Mexico at this point.
3. Your B1/B2 may not even be valid anymore, since you replaced it with a TN visa, so forget that. Focus on getting a TN.
 
Nelson,
Do they give a reason for denial ? That would help a lot of people make their case stronger in subsequent attempts.
 
I would think so, and especially if there was an RFE, that would at least give a clue what the issue was. Was it job description not consistent with TN category, was it education not evaluated, etc.
Someone who has been on TN for 4 years, has gone thru TN approval at least TWICE, so it is unlikely that our poster is personally ineligible for TN, so it may have been a screw-up by the company or its lawyer.
 
nelsona said:
I would think so, and especially if there was an RFE, that would at least give a clue what the issue was. Was it job description not consistent with TN category, was it education not evaluated, etc.
Someone who has been on TN for 4 years, has gone thru TN approval at least TWICE, so it is unlikely that our poster is personally ineligible for TN, so it may have been a screw-up by the company or its lawyer.
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Just an additional question since the topic came up for discussion. Example, a Canadian Citizen was denied extension of TN status when he applied while he is in US. By existing US, can he apply at the border again for the TN extension immediately? Does the USCIS denial creates any implications when approach the Border for the extension? I believe, they pull up the file and see it got denied by USCIS and also the reason for denial. But, can he get a TN by explaining his credentials and showing all the documentation in person?

I heard many people telling me, when you go in person to the border with all the required paperwork, and your physical presence also makes a lot of difference, as if any questions/clarifications needed, you can clear those and provide documental evidence in person, so, basically you can present your case in a better way.
 
nelsona said:
I would think so, and especially if there was an RFE, that would at least give a clue what the issue was. Was it job description not consistent with TN category, was it education not evaluated, etc.
Someone who has been on TN for 4 years, has gone thru TN approval at least TWICE, so it is unlikely that our poster is personally ineligible for TN, so it may have been a screw-up by the company or its lawyer.
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i had been thru 3 times TN approval in US embassy Guadalajara Mexico without any problem,each time approved for 1 year period..this was the the first time that i applied thru Uscis Vermont SC....
i already made an appoint for TN renewal for next week in Mexico..will see what's gonna happen
 
The consulate will likely approve you if things have not changed. Their reason for denying you is 100% correct, but the consulate will not be able to come to this conclusion. That is the problem with going thru USCIS, they have the time and expertise to over-analyze each case.
Any particular reason you only go for 1 year TNs?
 
nelsona said:
The consulate will likely approve you if things have not changed. Their reason for denying you is 100% correct, but the consulate will not be able to come to this conclusion. That is the problem with going thru USCIS, they have the time and expertise to over-analyze each case.
Any particular reason you only go for 1 year TNs?
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US Embassies in Mexico only issue TN2 visa for a 1 year period, CBP officers has right to issue I94 cards up to 3 years before get in to the US (i never got that lucky)
 
Well, does your employer ask for 3 years? If so, then CBP should be issuing 3-yr I-94, but, as you say, there seems to be luck involved.
 
nelsona said:
Well, does your employer ask for 3 years? If so, then CBP should be issuing 3-yr I-94, but, as you say, there seems to be luck involved.
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yes it does...even i showed my work contract for 3 years to the officers each time they only approved for 1 year period..this happened at US-Mexico border Pharr Bridge TX
i remember one time when i asked for 3 years I-94 officer told me not to worry about 3 years,i could go back an re-apply
 
If I were in your position, I would be carrying my paperwork each time I left the country (to Mexico or otherwise) and asking for the full remaining term each time I crossed the border.
 
nelsona said:
If I were in your position, I would be carrying my paperwork each time I left the country (to Mexico or otherwise) and asking for the full remaining term each time I crossed the border.
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what would you advise about my feature ? i already made an appointment to renew my TN visa
if i get approved for new TN would be the best ask for a change of status and apply for a H1B ?
what do you think would be the best ?
my company is also thinking to apply for EB2 based GC
thank You..
 
Just do as you have in the past with consulate. If they wish to sponsor your for GC, great (this will take some years). And h1-B, great (but unlikely to get in the lottery). But TN is fine for you, and you have been living with it for 4 years, why would the firm want to offer you this now, instead of years ago?
 
nelsona said:
Just do as you have in the past with consulate. If they wish to sponsor your for GC, great (this will take some years). And h1-B, great (but unlikely to get in the lottery). But TN is fine for you, and you have been living with it for 4 years, why would the firm want to offer you this now, instead of years ago?
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actually we applied for GC last year but my PERM got denied the reason was that my lawyer forgot put the name and address of the service center on the form which was Atlanta SC..unbelievable but happened..
 
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