Company forgot to renew TN

S

smorin

Registered Users (C)
Hi, the university I work for forgot to renew my TN by mail, but has filed an I-140. I am really at a loss as to what to due. Can I file for an H1B while in the U.S., by mail, etc. Any advice is appreciated.
 
smorin said:
Hi, the university I work for forgot to renew my TN by mail, but has filed an I-140. I am really at a loss as to what to due. Can I file for an H1B while in the U.S., by mail, etc. Any advice is appreciated.
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If your current TN is still valid, you can still file for the TN by mail (if you have time). If you do not have that much time for the mail-in TN, rush to the border to get the new TN.

If your TN is no longer valid and if you are still working, that's illegal - consult an attorney asap.

Which category do you fall in?

BTW: H1B route is not an option for you.
 
I fall in the last category

I fall in the last category, so sense that I'm in big trouble. When I leave like I'm guessing I will have to, I'll leave without my wife and not allowed back in for an undetermined amount of time. Together we've been here legally for 18 years, all above board, taxes payed, etc., etc.
 
smorin said:
I fall in the last category, so sense that I'm in big trouble. When I leave like I'm guessing I will have to, I'll leave without my wife and not allowed back in for an undetermined amount of time. Together we've been here legally for 18 years, all above board, taxes payed, etc., etc.
Click to expand...

As the RealCanadian has said: Not necessarily. If your I-94 has expired recently (i.e. say last week or may be 15 days ago), you can still consider this as "the time required to wind up your US affairs", leave the country and apply for the new TN.
 
Universities are not subject to H1 quota. That is why TRC made that comment. So, a premium H1 could be gotten within 3 weeks. you would likely have to go to border to activate.
Of course, given they weren't savvy enough to renew TN, I doubt they are up to an H1 application
 
Discussions about H1 quotas aside... the issue right now is how to ensure that when you do go to the border, you will be allowed to return.

Since you are out of status, first stop working. Then, if you have been out of status less than 6 months (which seems to be your case), you will be allowed back in, since you will have left US. It is only if you are caught within US, or if you stay more than 6 months illegally that there would be a problem.

You can't file for TN, because you are out of status. Your school can file for H1, but you will have to leave/enter US to activate it. The minimum it will take is a month, since your school has not even filed the LCA for you. So, you face the same border problem whether you try for TN or try for H1, but it will take much longer to get H1 than TN.

My suggestion would be to get TN at border ASAP. The fewer days of illegal presence you amass, the better.

For reference, your legal status is your responsibility.
 
Thanks for the advice

Thanks for everyones advice. I'll try for a TN, but my company will also spring for an H1B if necessary. I am just dealing with a very apathetic hr department. I'll make a point of updating the forum as to my success or failure.
 
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