TD Extension request with USCIS - RFE

CDN9

Member
I am currently working in the US under TN status for the last 10 years. I got a new job in Jun, 2024 and visited US-Mex border and got new TN. My spouse (non-Canadian), she has a valid TD status from and her TD was valid till my last job's TN Validity date. Since I got a new Job, I went alone to the border and got my new TN, once I was back, we filed for her TD extension with USCIS requesting to extend her TD status validity date to match with my newly issued TN I-94 validity.

We got a RFE recently requesting for a copy of an approved I-797 form for Principal Applicant showing maintaining TN status. Not sure, they missed a point that Canadian citizens can request TNs at the border instead of applying with USCIS or missed looking at the updated TN I-94 we attached with the TD extension request.

We are planning to respond to the RFE indicating that, since Principal Applicant obtained new TN at the border, we haven't filed application with USCIS, hence, we do not have any approved I-797 approval notice, instead we have the TN I-94 issued at the border. We are also attaching a copy of the TN support letter issued as well as a copy of the I-94 issued for the status at the border.

Has anyone experienced this? of anyone can share your thoughts, will be highly appreciated! thanks
 
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