Denied I-539 while on new TN

k_nraj

Registered Users (C)
While I lost my job, I've applied for I-539 and left the country in a month. While I got my new TN I was told by the border officer that the I-539 application is no more valid as I've already left the country and I don't have to do anything. I was notified by email from USCIS that my I-539 is denied and the notice would tell me about the options. Is there anyone experienced this situation and what should I do at this point?
 
Ah, as we have often recommended, the correct course was to formally notify USCIS that your I-539 was to be withdrawn. CBP (the border) do not always communicate with CIS.

Now, you have a "last action" of B2 denial (assuming the deniall occured after your entered on TN). Your choice is either to go to a border and re-enter on your TN, or get an appointment at your local office to have your case reviewed, showing them that you got your TN at the border (and thus left US).

So much easier to follow correct advice than border officer's "guess".
 
True, however CIS does not know this, and for their purposes, the I-539 DID survive and was acted upon, so action must be taken on the part of the non-immigrant to regularize his status. He is considered out-of-status.

The situation is easily cleared up, but it must be cleared up, as I indicated above.

The situation is analoguous to CBP issuing an I-94 with an obviously incorect date.
 
Thank You Nelson & TRC for the inputs.
Nearest border is 10 hours drive and the nearest Field office is about 6 hours!
Should I make an immediate trip to the border/ field office or wait for the official letter from the USCIS?
Is there any use of calling USCIS and informing the status change?
 
True, however CIS does not know this, and for their purposes, the I-539 DID survive and was acted upon, so action must be taken on the part of the non-immigrant to regularize his status. He is considered out-of-status.

The petition became null and void when he left the US, whether USCIS was aware of this or not. Therefore their notice has no legal effect.
 
Agreed that their action was unwarranted , but it does have an effect, that must be counteracted.

Again, this is not unlike a CBP officer mistakenly handing you an I-94 with 1 month's duration instead of 3 years. It is a mistake, but must be corrected.

They don't know its not legal until you inform them, just like a wrong traffic ticket. and informing them is so simple (a letter), that to just ignore it seems rather silly.
 
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Agreed that their action was unwarranted , but it does have an effect, that must be counteracted.

No, it doesn't. Last action rule only applies if the petition was valid when adjudicated. It was not. The effect is no different than if he withdrew the petition by mail.
 
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