I-485 Ref: Proof of Status

[amansajwani]

Hi

I came to USA from Canada via TN on Oct 23, 2002 from Company A with a validity of one year till Oct 22, 2003

In August 2003, I applied for the renewal of my TN via mail(I-129) to INS. I never got replied for INS for my TN renewal visa until March 25,2004. My orginal TN was expired on 22 Oct 2003. My TN renewal was rejected and I got response of March 25, 2004. I left the USA on March 29,2004 and at border I asked the people to stamp my passport to show that I left the country.

On May 18,2004 I agained applied again for TN via another company (company B) and came to USA on TN.

Later on in Aug 2004, I applied for I-140 and i-485 via company A. My I-140 was approved in March 2005 and today I got RFE for my status from 23 Oct 2003 to May 18, 2004.

Can someone suggest what was my status when I applied for the renewal of TN and never got response from INS in the meanwhile my old TN was expired.
After getting the rejection of My TN, I left the country in 5 days.

 

[hanging in here]

Once I was in a somewhat similar situation, although my application was approved eventually. I changed my employers from a to b. And my h1b application sponsored by employer b didn't come through in a timely manner. So I was not able to work for more than 2 months (from mid august to mid october, 2000, as I recall). But when I finally go my h1b approval notice, it showed the date as aug 2000 onward. So my record does not show a gap, even though in reality I experienced a huge gap (or dent) in my income due to the inability for me to work!
I do *not* think you were out of status between the time you applied for the TN renewal and the time that app got rejected (your case was pending during that period).
Good luck with your RFE! Hopefully more knowlegeable people will you answer your question with more certainty.