USCIS RFE Timings for TN

J

Jay_Kay

Member
Good day,

03/09 - received i129 form
04/12 - updated your name for form i129
05/10 - mailed request for evidence (per my employer this was related to some dates)
05/26 - received Rfe

Status says:
On May 26, 2016 we received your response to our request for evidence for your form i129.
Our Vermont center will begin working on your case again. We will mail you a decision or notify you if we need something from you.

Out of experience please kindly advice how long would it take for USCIS to get back?
I would very much appreciate your kind assistance.

Regards,
Jay
 
I would assume the current processing time, starting on May 26. Since you submitted by mail, time wasn't a concern for you nor your employer, so I wouldn't worry. Assume Aug 26.
 
Hi Nelsona,

An additional question - if I was to do premium processing by filling out form i907, do I need to send again the copies of my documents (passport, degree, employment letter, resume)? Please kindly advice.
And if I was send it around July 1st week, I should receive an update by end of July right?


Regards,
Jay
 
The Premium form would be sufficient. But there is no point. You don't need an quick answer. Otherwise you should just go to the border instead.
 
Hi Nelsona,

Once again appreciate your reply.
My wife's brother is getting married out of country and we have to be a part of it. It happened quickly so I was thinking of premium processing

Wedding is on August 18, and I'll be returning back to U.S on September 7.

Questions:
1) If I was out of country and in the meantime I get approved, is there a chance of me getting back into the U.S without my renewed TN stapled to my
Passport?
2) If no to above, can I enter U.S, drop my wife and kid, get the TN approval and go to the border and come back?

Please kindly advice.

Regards,
Jay
 
If you have a pending I-129 while leaving US, take a copy of your receipt notice and when re-entering simply ask them to check their records to see if it has been approved and request entry. if it is not yet approved (and your latest TN has expired), then present a new TN petition and enter on that. There after you formally cancel the outstanding I-129, just in case it might get denied later, which would kill your new TN.
But, if your TN has expired, and your I-129 is not yet approved and you are not carrying a new petition, NONE of you will be let in, since you are not tourists and don't have TN/TD to enter.

For the next time, realize that your firm is not great at submitting TN, and just go to the border.
 
Hey Nelsona,

The waiting game is killing me.

Quick question - if I go to the border to get my TN (Friday the 22) , what date should I put on my employment letter:
a) the day my TN expired (March 12,2016) OR
b) the day I will be crossing the border (Friday 23)?

Please kindly advice.

Regards,
Jay
 
The best is to put no starting date. Just date the letter for whatever date it is written and ask for three years. Do NOT put March, as that will but your TN by 4 months. Why not just wait until coming back from the wedding to do this?
 
Appreciate your prompt response, Nelsona!

You are correct in telling to do this after wedding.
I am a little nervous and wanted to get things straight before leaving. But as you said I'll get this done once I come back.

Thank you again!!
 
Hi Nelsona,

Just an update and good news - USCIS approved my I-129. The update says 'We approved your I-129 and emailed you an approval notice'.

So if I was to leave, I should. take the initial receipt and this approval notice with me, and upon returning present it to the officer to staple the i94 on the passport?

Please kindly advice.
 
If you have the approval notice, YOU should staple the I-94 (if there is one) in your passport yourself. If the officer wishes to issue you another one, that is his choice.
But, as fare as this TN approval is concerned, it's done if have a valid extended I-94.
 
Might want to double check on this as I had a different experience. When I transitioned from TN to H1, I had stapled the new I94 to the passport myself, however, the officer at the POE told me that this is something CBP should do and I should have just presented the approval notice. They took off that I94 and issued me a new one.
 
Regardless of what the CBP officer might prefer, your status within US (which CBP does not control) is determined by the I-94 issued by USCIS, and is to be found in your passport. (What if you never leave US?). Notice Mister that you were let in, after all, so placing the I-94 because no harm (since you were already in h1 status by then).

And I already indicated that the officer may WISH to issue you a new one.

Nothing really to double check. he will enter with the new I-94 just like you did.
 
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