TN and I-129 Question

[radmax]

I actually have a green card already and have citizenship interview in a month but I am filling out request letter to Selective Servie as to why I didn't register before 26.

In section 2, they require that you indicate all alien statuses and dates.
If there are breaks in the dates I am supposed to indicate why I overstayed or was living out of status.
I renewed TN 3 times, the first 2 times the dates overlap (so should be no problem) but 3 time I renewed it there is a break of about 10 days ie expired in Jul,28 but I renewed it on Aug, 5/2001 at the Point of Entry.

I found INS receipt that I applied via I-129 for extension on July 5, 2001.
My understanding is that I have 240 day grace period to extend the expiry date, is that correct ?
If this is right then I didn't really stay "out of status" at all since I could reside and work legally for 240 days past July, 28, correct ?

I hope someone can answer

 

[gunt]

I found INS receipt that I applied via I-129 for extension on July 5, 2001.
My understanding is that I have 240 day grace period to extend the expiry date, is that correct ?
If this is right then I didn't really stay "out of status" at all since I could reside and work legally for 240 days past July, 28, correct ?

'

you are correct. the law gives the petitioner 240 days of 'extended status' while a non-immigrant petition is pending. See 8 CFR PART 274a of the immigration code.

 

[radmax]

thanks, that's what I thought.
So the fact that I have a stamp in passport with POE doesn't really matter.
I think I did that at my lawyer's suggestion to be safe.

 

[warlord]

I think even if you did get your new TN status 10 days after they do have a grace period for people to pack up and leave anyways. I don't think that would have been a huge issue to be honest. And considering you applied by mail (with documentation of your receipt), then there's your proof and yes your exipred TN was now extened ther 240 days.

I just don't think they're going to really care about 10 days even if you weren't in status as that doesn't count towards time in the country for your US citizenship anyways. I had been on 7 TN's before my USC interview, I didn't have to show proof for any of those, nor did he even ask about my TN. Now mine is marriage based so maybe that might be different then having your USC interview by work related GC, not sure. But either way I really can't see that being an issue...