If you do TN renewal at POE, and are denied...

C

canucked08

Registered Users (C)
Does that automatically cancel your I-129 also?

I ask because I filed I-129 October 22, my TN expires Jan 17th, I'm worried that is not enough time to get an approval or 240 day extension. I think it might be wise to run to the border before then as a last chance.

And suppose your TN renewal is denied my mail. Can you reapply at the border for the same job?

Much Appreciated

M
 
You have already got the 240-day extension , just by filing.

A denail will not cancel your I-129.

In fact, a denial before Jan 17th means nothing (unless they are denying you entry on other grounds). But, of couse, a denial AFTER jan17th, means you can't enter on TN, until you eithr fix your petition, or you wait outside US for the I-129 to be approved.

The 240 grace period after expiry only holds while you stay within US.
 
I have 240 days just by filing? But I did not receive any paperwork that mentions an extension.

Do you recommend I just wait for the form (TN by mail) to run its course? Or go at the border and try to apply before the Jan 17th?


Thank you!
 
You used the word "extension", so I went with it. What you have is 240-day grace period, beginning current TN expires, whereby your TN status is maintained until your petition is dealt with. This grace period only lasts while remaining in US.

Since you di file, it would be silly to leave country for the sole purpose of getting a TN at the border.
 
canucked08 said:
I have 240 days just by filing? But I did not receive any paperwork that mentions an extension.

Do you recommend I just wait for the form (TN by mail) to run its course? Or go at the border and try to apply before the Jan 17th?


Thank you!
Click to expand...

:confused::confused::confused:

From the following link look at the 30.1 Maintaining Status
http://www.uscis.gov/propub/ProPubVA...36f902f0faf99a


It says only 120 days (not 240 days), but it's confusing.

(3) Requirements for Authorized Period of Stay with Respect to Pending Change of Status and Extension Applications .


(A) The application for change of status or for extension of stay was filed timely. To be considered timely, the application must have been filed before the previously authorized stay expired, as provided under 8 CFR 214.1(c)(4) and 8 CFR 248.1(b) .


(B) The alien did not work without authorization before the application for change of status or extension of stay was filed or while it was pending; and


(C) The change of status or extension application has been pending with INS or USCIS for more than 120 days after the date the I-94 expired.


http://boards.immigration.com/showthread.php?t=287991
 
Please look at black-letter law rather than some manual:

http://ecfr.gpoaccess.gov/cgi/t/tex...t&node=8:1.0.1.2.54&idno=8#8:1.0.1.2.54.2.1.1

8 CFR 274A.12.(b)(20)

... I've added (19) to confirm that this applies to TNs.

(19) A nonimmigrant pursuant to section 214(e) of the Act. An alien in this status must be engaged in business activities at a professional level in accordance with the provisions of Chapter 16 of the North American Free Trade Agreement (NAFTA); or
Click to expand...
(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) [That is TN] of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.
Click to expand...

The law says 240 days, and it has been that way for many, many years now.
 
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Thanks Nelsona!


The HR Department sent a letter that has me worried though:

"Receipts for renewal applications or letters from the USCIS or an attorney stating the reverifcatio nof the employee's work authorization is in process are NOT acceptable forms."

I'm hoping that they can look up my 194 # and see that I legally have 240 days extended stay, otherwise it might be another headache.


(I'm keeping my fingers crossed on that 3 year renewal!)
 
Your HR is incorrect.

There is nothing that they or you will be able to provide them other than your renewal notice. Your I-94 will be expired until you get the TN approval. The lawyer they are dealing with should know better, and they should be told as much.

If this is unacceptable to them, then advise them to fly you back to canada to renew at the border.
Or, get them to expedite your case.
 
What if I don't get the renewal notice by Jan 17th? (my TN expires and I need to give HR some proof before then to let me stay)

I filed I-129 Oct 16, but all I have gotten so far from DHS is a letter (1-797C)saying they received the check and form but also specifically states "This notice does not grant any immigration statues or benefit". It is not the status pending form I think I need.

I dont have the money (nor does HR) to speed the process. I suppose come January I may have to just go to the border if I don't receive the renewal notice?

*stressed*
 
Look. There is no such majical form or notice that you will get saying that you are in pending state.

The LAW says you are. period. I posted it above. Does your HR really think that you are the first person to have their status expire while waiting for CIS to complete a petition?

If HR or their lawyers are so uninformed as to not know this, that is unfortunate... for you.

What kind of operation do you work for that has enough money to spend on ignorant HR staff, but can't afford $1000 to get you expedited?


On january 14th, get them to write you a new letter, go to the border, get your 3-year TN, come back, and submit your expenses.

Then write a memo to the head of HR. Since your firm is obviously in financial trouble, perhaps they will start by canning some HR.

That should give them enough money to petition for your Green card.
 
ah...so I will need to go...crap. Well I guess I should have filed sooner...I don't know why I thought 2 months would be enough time.

Off to the border I go :(

Thanks Nelsona.
 
You'll need to wait to go to the border of course. POE usually don't renew until TN is about to expire.

Anyways, it's on company time and expense, so who cares?
 
Well no...the whole process is my expense...the company wont really care. If they cared they'd hire a lawyer. I'm trying to figure it everything out as I go :(
 
So your saying that it is your HR -- on their own without a lawyer-- that is telling you that you will be out of status?!?

You need to march into their boss's office (let me guess, they probably have SEVERAL bosses) and tell them to pull their heads out of their a$$es.

You have a timely filed I-129. You are in status and need to do NOTHING until mid-SEPTEMBER 2009!!

Don't spend a penny on this, other than the cost of sending your resume to a company that treats its professionals professionally.
 
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