RFE and I-797A

Buhayhay

New Member
My employer petitioned for a TN extension and we received both a RFE and I-797 approval. Approval letter dated before the RFE. Odd? Anyone come across this use case before.
 
I would answer it, but not worry at all at this point. Your approval is legitimate.
 
Sounds like you're good at this point with an approval! Just curious as to how long your approval process took? (We've just submitted I-129 for extension and I-539).
 
I responded to a RFE months ago (although my application had been approved at the time of the request). There has been no update on the case. I was wondering whether anyone has gone through a similar situation.
 
Obviously, non have ort they would have commented. I would move on at this point. You have your TN.
 
I have another question for the forum. Although my TN has been approved (but is still pending a final decision on the RFE), I fall under the 240 rule which allows me to continue to work. However, once the 240 days elapses, It is my understanding that I would have to stop working immediately. My options then would be to stay in the US (but stop working pending the final decision) or to go back to Canada and reapply for the TN. Is this correct?
 
Why do you say it is "pending". Did you not receive your I-94? An RFE can be issued for internal purposes unrelated to approval/denial.

If you did, move on.

If you did not, then I wouldn't be waiting 240 days, I would go to the border and reenter WELL before this. Otherwise, yes, you would have to stop working in US for that sponsor.
 
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Indeed I received the replacement I-94 with the requested end date. I say 'pending' as there is still ambiguity while the RFE matter is still open. Having said that, what you say about RFE for internal purposes might make sense in this situation.
 
It is not pending. Period. They would have rescinded the approval months ago if there was a problem
 
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