Recently delays of TN renewal by mail?

N

NormanTN

Registered Users (C)
On August 13, 2008, I received the USCIS receipt. However, until today, I have NOT received the I94 card from USCIS. I checked online status, only finding "recieved and status pending".

Has anybody similar situations? Thank you!
 
Is it because of recent transition from 1-year to 3-year TN extension?

I did this TN renewal by mails for 2 years already. Everything was fine.

I've made sure I paid IRS tax, and I am a prudent driver and decent person.

This TN(temporay Non-resident) renewal worries yearly.
 
Generally, I-129 do take longer than 2 months. If you had faster service in the past, you were merely lucky.

Now, you are simply 'normal'.

I'm quite sure it has nothing to do with 1/3 year thingy.
 
Hi,

Mine is also stuck there for 2.5 months now! Ain't sure why, but all I am hoping for is it will be cleared by the 240 day cut-off :rolleyes:

NormanTN said:
On August 13, 2008, I received the USCIS receipt. However, until today, I have NOT received the I94 card from USCIS. I checked online status, only finding "recieved and status pending".

Has anybody similar situations? Thank you!
Click to expand...
 
It is highly unlikely that the dely would jeopardize your status. Remember that it is 240 days (8 months!) AFTER your current TN expires. Also, you are more than likely to leave US at some point in those 8 month and thereby get your TN at the border anyways.

I've never heard of anyone not recieving their TN within the 8 months.

You guys have been spoiled into thinking I-129s are processed in a snap. They are not, and historically take 3-4 months.

USCIS has a processing time for all petitions, you can see what date they are working on now.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC
Its updated monthly, so is due for an update soon.

Looks like they are working on June 19 cases, so you aren't even close yet.

My guess is christams. If you were planning a trip outside US for thansgiving or christmas, get a border TN package ready
 
Last year I sent in my I-129 for my mail in TN renewal in May, it got approved late July 2007 (2.5 months). This year I sent it in May 2008, got approved mid August (a bit over 3 months). So your mail in TN renewal wait time is not abnormal. Sit tight and wait for it to come.

CJ
 
Canadian John said:
Last year I sent in my I-129 for my mail in TN renewal in May, it got approved late July 2007 (2.5 months). This year I sent it in May 2008, got approved mid August (a bit over 3 months). So your mail in TN renewal wait time is not abnormal. Sit tight and wait for it to come.

CJ
Click to expand...
My last TN extension:
Receipt date June 25, 2008
Notice date September 3, 2008

Hang in there 3 months is not an abnormal time frame.
 
Guys,

Now that my I-129 is pending, and I have 240 days to work legally until TN is extended, I just got an email from HR saying that the I-129 reciept is not an acceptable form as far as the employment authorization is concerned. They said H1-B, I-94 etc are acceptable forms of employment eligibilty!!

What should I provide them with?

Thanks a lot
 
When the TN is approved you will get an I-797 your I-94 will be stapled at the very bottom. Make a copy of the I-797 and the I-94 and give them to the employer this is the proof they need that you are legally able to work in the US.
You cannot work until you get the I-797 that says "We have approved this application......"
 
"You cannot work until you get the I-797 that says "We have approved this application......" ??? This is untrue. The law is stated clearly that I CAN work 240 after the expiry of my TN so long as I applied for an extension through I-129!

My question was not where the I-94 is, I was aksing what form of elgibility I should present the HR department?
 
karkoor24 said:
"You cannot work until you get the I-797 that says "We have approved this application......" ??? This is untrue. The law is stated clearly that I CAN work 240 after the expiry of my TN so long as I applied for an extension through I-129!

My question was not where the I-94 is, I was aksing what form of elgibility I should present the HR department?
Click to expand...

And I clearly said, if you had read the rest of the response, "When the TN is approved you will get an I-797 your I-94 will be stapled at the very bottom. Make a copy of the I-797 and the I-94 and give them to the employer this is the proof they need that you are legally able to work in the US."
 
I have, and I know what I have to do WHEN I get the I-797. Again, if you read my question, my question is : While wiating for the approval (I-797) what form should i present the HR to prove to them that in the period in between the expiry of my TN and the reciept of the I-797, I am legally eligible for employment!

webtiger said:
And I clearly said, if you had read the rest of the response, "When the TN is approved you will get an I-797 your I-94 will be stapled at the very bottom. Make a copy of the I-797 and the I-94 and give them to the employer this is the proof they need that you are legally able to work in the US."
Click to expand...
 
The Notice of Receipt you or HR will receive from the Service Center saying they've received the TN application.
If that is not acceptable to HR go find the regulations and copy off where it says "applicant may work up to 240 days once extension has been filed". Those aren't the exact verbage of the paragraph but that's what they mean by it.
By your question I'm guessing that your HR dept. is thinking you are out of status when your current TN expires EVEN if you have filed a mail-in extension?
If the above is true is someone in HR actually saying to you that you cannot work past your current TN expiry date?
 
Yes :(. They tell me there is a list of acceptable forms they can take in for employment eligibility. It just doesn't make any sense! Absolute stupidity.
 
The HR folks do not understand your employment eligibility has not changed at all. Best you can do is scare up the TN section that states you are not out of status while a TN extension is pending.
 
It's not in the TN section. it is in the reg that extends ALL status extensions requested thru I-129 or I-539.
 
From the following link look at the 30.1 Maintaining Status
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b8b8cf87725e538bbf36f902f0faf99a


It says only 120 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 :confused:pending with INS or USCIS for more than 120 :confused:days after the date the I-94 expired. :confused:
 
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.
 
k_nraj said:
From the following link look at the 30.1 Maintaining Status
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b8b8cf87725e538bbf36f902f0faf99a

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



Ohh, I see, So you only get the 240 extension, if your I129 has been pending 120 days prior to expiry. So...technically I WILL be out of status even tho I filed, I did not file "timely" (I gave my form only 70 days to process before I expire). Crap.


Join Date: Jul 2008
Posts: 25
But I swear I read on the government site that they give a response in 60 days....now when I called they say 90 days is normal processing time.
 
Last edited by a moderator:
Don't even bother with that post. The law is posted.

Your HR can't read anyways.

... and the line states 120 days after the I-94 expired. Your I-94 has not even expired yet, so how can you be out-of-status? It doesn't say that you had to submit it 120 days early. 2 lines above this its states it had to be files before your previous authorization expired. You're gold. Don't let your moron HR sway you.
 
You must log in or register to reply here.
Top