TN and B2 extension question

[kimberlily]

I posted this in the B Visa forum, but haven't gotten any replies, so I thought I'd try here instead.

My husband's current TN is expiring in a couple of months. We will be mailing in an extension (and won't pay for expedited processing this time!), but if it is denied, do we have 10 days after denial to send in the i-539, or do we have to do it sooner than that? I know that while your TN renewal is pending you can continue to reside in the US and can continue working.

We own a house in Canada, and are legally required to give our tenants a certain amount of time to find a new place, as well as wrapping up our affairs here in the US.

I'm understand that he cannot work while we wait to hear back on the extension.

Thanks

 

[nelsona]

If you get a TN denial, you must file B2 that day, since you are already out of status. It may or may not be granted,due to that fact, but it would be worth a try, and would buy you some time.

The best solution at that point however is to go to the border and get a new TN (and any and all TDs), taking care of whatever issue arose in the denial. If you think the denial is legitimate, and can't be overcome, you should be starting the packing process at this point.

And just to be clear, while waiting for the timely filed tN extension , your husband is legally entitled to continue working 240 days for that employer, past expiry while waiting for a response, assuming he does not leave the US.