Applying at PoE while waiting for USCIS

anonymepo

New Member
Hello,

I’ve applied for an I-129 extension of stay, and the receipt notice was issued April 1.

My TN expires on July 15, so there’s a good chance it’ll expire before I get my extension approved.

I’m aware of the 240 day extension while waiting for my petition to be approved, but I have some travel plans in August outside of the country.

My understanding is that the extension is good for me to keep working in the country, but not to re-enter the country.

Should I just go to a port of entry and apply for a new TN there instead? Or would there be any flags for CBP since I’ve technically already applied via the USCIS first?

Apologies if this has already been asked. Many thanks!
 
This happens all the time and is not a problem.

I wouldn't bother going to the border just to get the TN; I would simply wait until you return from your scheduled trip.

Assuming it is not yet approved, When you do arrive at the border, have proof of your current TN (even if expired) t in hand, along with your receipt notice, and all paperwork for a new application. They will process you at that time for a new TN>

Important: Once you get a new TN at the border, you should immediately have your USCIS petition cancelled. Otherwise, should it be rejected, you will need to go to the border a second time and reactivate the TN that you got at the border.
 
Top