Staying past TN expiry while extension is pending

[Daver]

Hi all,

I am in the process of renewing my TN visa by mail. I received an I-797C from DHS-CIS several weeks back, but haven't heard anything else from them. I am approaching the expiry date of my old visa, and was wondering:

1. Is there any way to get into contact with them and see what the status is of my I-129?

2. I have heard that I can stay in the US up to 120 days while the case is being deliberated, though I haven't found any proof of this from DHS's website, etc. Is this indeed true? If so, am I allowed to work during those 120 days, or can I merely remain in the country?

3. In the event that the extension gets denied, how quickly do I have to leave the US? Also, I presume that I can just do a pin-hair trip and come back as a visitor to sort out my affairs afterward, no?

Thanks for any help.

 

[nelsona]

1. No
2. You can continue to work 240 days past expiry as long as you remain in US. If you leave US you must get TN at border.
3. The denial notice will instruct you on how fast to leave. A week or so. Typically you cannt return as tourist until you establish residence (lease, utilities, car plates) in canada, so several weeks later.