Last Action Principle

D

davidralf

Registered Users (C)
1) Applied by mail for new TN for employer A, change employer, I-129 includes spouse TD.

2) Application accepted and approved.

3) Applied at boarder for different TN for employer B, approved.

4) Decliined further employment with employer A, employer A notified USCI that TN from (1) is no longer valid.

5) File new I-129 by mail for spouse TD based on new TN from (3).

6) I-129 from (5) approved.

7) Received TD denial letter from USCI based on I-129 application from (1) above, since never ended up doing any work for them and they notified USCI to cancel the TN.

Since "last action" is a cancel of a TD... does that make the TD from (5) invalid due to last action principle? Sounds odd that it would but thought to ask.

Don't feel like having to re-file I-129 again, those are expensive.

thanks
 
You need to clean up your post, as it is extremely vague.
In step (1) it appears that you submitted BOTH an I-129 for TN and an I-539 for TD. Is that correct?
In step (2), did you get both TN and TD approval? You do not say.
In step (5), did you submit an I-539 for TD? I-129 is for TN, not TD. Also, since your spouse had a TD, why did you fell the need to reapply for TD?
In step (6), did you mean I-539 approval?
In step (7), did they revoke her TD, or did they simply deny her original I-539. This is unclear, since if they issued TD in step 2 (unclear) they would revoke TD, not deny TD petition.

But, wiping away the fog from your post, I would say that she is out of status, and should file a new I-539, or just go to the border and re-enter on TD.
 
Apologies for some parts not being clear. Answers to the questions:

In step (1) it appears that you submitted BOTH an I-129 for TN and an I-539 for TD. Is that correct?
<yes>

In step (2), did you get both TN and TD approval? You do not say.
<yes>

In step (5), did you submit an I-539 for TD? I-129 is for TN, not TD. Also, since your spouse had a TD, why did you fell the need to reapply for TD?
<I-539, not I-129, my mistake on the form. At this point her latest TD was based off a TN that I was not going to use anymore, so thought it clear to re-sync the TD on the latest and greatest TN>

In step (6), did you mean I-539 approval?
<yes>

In step (7), did they revoke her TD, or did they simply deny her original I-539. This is unclear, since if they issued TD in step 2 (unclear) they would revoke TD, not deny TD petition.
<The wording of the rejection is a deny of her I-539 application from (1). Exact wording:

..it has come to the attention of the U.S. Citizenship and Immigration Services ( USCIS ) that the nonimmigrant visa petition filed on behalf of the principal has been withdrawn. Since your authorized stay in the United States is dependent upon the principal's status, USCIS is reopening and denying your Form I-539.

letter is very specific to the I-539 from (1).>


Some Dates:

(1) March 30
(3,4 and 5) April 12
(6) May 13
(7) June 8

checking the status of (5) online today shows it to be approved with no further action. Checking the status of (1) online shows an updated denial decision.
 
"At this point her latest TD was based off a TN that I was not going to use anymore, so thought it clear to re-sync the TD on the latest and greatest TN"

Then you don't mind spending money on extra petitions.
 
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