Different scenarios - TN status renewal using I-129

[jp9]

With the current uncertain situation of USCIS furloughs and possible significant delays in over all processing time of TN applications, can anyone please share your thoughts and insights in these possible scenarios?

Scenario 1

• Can TN status extension be renewed at the border with the employer offer letter if the I-129 application status is still pending for the family before I-94 expires and if so how early like one month or so can one try at the border ? If TN status is renewed at the border, what happens to status of pending I-129 and I-539 application for dependents?

Scenario 2

If your TN I-129 renewal thru mail case is denied while your current I-94 is still valid, what options is the TN employee left with?

• Can TN visa be renewed at the border with employee offer letter after receiving mail denial status before current I-94 expires so as to not impact continuous employment period with the present employer?
• As a worst-case scenario, if TN is denied at the border as well, what options are one left with to return to US to close all ties and move their stuff back to Canada?

Scenario 3

If your TN I-129 renewal thru mail case is denied while in 240-days processing time window, what options is the TN employee left with?

• Can TN visa be renewed at the border very next day with employer offer letter after receiving mail denial status and if get new approval at the border so as to not impact continuous employment period with the employer?
• Is there any grace period of 10/30 days to close all ties with US before one can permanently leave the country?

Thanks

 

[nelsona]

1. While the I-129 and I-539 are linked when submitted, were you to get a TN at the border, with whatever documentation necessary, then you would want to cancel the I-129 immediately, but when canceling you would advise USCIS that you now have a TN (send proof) and would like the pending I-539s to proceed. Your dependants could not accompany you in this case. If they accompany you, they will need to get the TD's at the same time as you get your TN.

2. If your TN is denied, then depending on reason, your current TN may or may not be valid (the denial letter would say). But in either case you would simply go to border and get new TN -- if the denial was on some technical grounds. If you are denied entry on TN, they may insist that you establish ties in canada before letting you in as a tourist. You would be able to judge your chances based on the reason for your initial I-129 failure. If it is something that you cannot fix, going to the border won't help. Prepare instead to leave US for good.

3. You TN denial letter will outline the steps you need to take to leave, You will only have a few days. Before you get a denial however, you would probably have received an RFE asking for more info or documentation, so the denil is not going to come as a surprise.