TN Expiring and I-129 Pending

T

to_be_immigrant

New Member
Hello,

I had my company's legal department submit the I-129 for renewing my TN visas to the Vermont Center on 6th May 2009 and my TN is expiring on 10th July 2009. I have received the receipt from USICS that they are processing my application. However my TN is about to expire soon and with my case pending, is it legal for me stay beyond the TN expiry with the case pending or do I have to leave the US and renew my TN at the border. I am a Canadian working in Florida, so the border is pretty far, otherwise I would have crossed the border and had it renewed.

Please let me know if I will be out-of-status in case my TN expired and my case is not resolved till then?

Thank you,
 
With a timely filed I-129 to extend your current TN, you are granted 240 days past expiry in your current state as long as you stay in US. So you remain in TN status, eligible to work with your current sponsor for another 8 months, plenty of time for the I-129 to be processed.

Only if you leave US after july 10, will you need to get a new TN at border upon re-entry.
 
How about if your potential employer files a I-129 while you are currently in the US just as a visitor.

Do you have to remain in the US untill your on TN status or can you cross the border while your application is pending?

Thank you..
 
You can cross the border without problems, but, of course, you do not get TN status until the I-129 is approved, or until you apply for TN at the border.

If you have intentions to cross border, why would you file an I-129 instead of simply getting TN at the border?
 
The company I will work with is sending in paper work this week. However I must go back to canada for a week at start of august. I just wanted to make sure that this was going to be possible and would not screw up any pending paperwork.

thank you
 
So on what basis are you staying in US now, and on what basis are you goping to re-enter in August?

It will be difficult to state truthfully that you are entering US as a tourist whan you already have a job lined up. And what are you going to do in the meantime, while waiting for the TN to be approved, which may be in September atthe earliest, at which point you will need to go back to the border to activate it?

It would seem to me that you should be getting a TN on your way back from canada in august, or at least be prepared to do so.
 
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