TN expiring soon, RFE was sent, advice please!

M

midorirec

Member
Hello,
I have a Canadian I-129 TN renewal that is currently being processed (I sent in august). My current TN expires January 2nd, 2021. I've been checking the status on the USCIS website and they sent a Request for Additional Evidence on November 23rd. My boss didn't receive the RFE in the mail yet, so we requested a digital copy today. It said we should receive a response by December 30th. My question is this: suppose it takes another month or two for example, is it ok if my TN status expires in the meantime? Would I be better off going to the border? If so, does that need to be before my TN status expires?
Thanks for your help.
 
midorirec said:
Hello,
I have a Canadian I-129 TN renewal that is currently being processed (I sent in august). My current TN expires January 2nd, 2021. I've been checking the status on the USCIS website and they sent a Request for Additional Evidence on November 23rd. My boss didn't receive the RFE in the mail yet, so we requested a digital copy today. It said we should receive a response by December 30th. My question is this: suppose it takes another month or two for example, is it ok if my TN status expires in the meantime? Would I be better off going to the border? If so, does that need to be before my TN status expires?
Thanks for your help.
Click to expand...

As long as your case is in under process with USCIS, you can continue to live and keep working for the same employer..

Once a decision is made, like approve or deny, then you have to act accordingly. For example, if it is approved, then you will have your status extended
If it is denied, then, you will get a denial letter, you will have to leave US immediately

But, it is important that, your employer have to respond to RFE within the time frame indicated by USCIS

If you decide to go to border, immediately upon getting TN at the border, your employer have to withdraw USCIS extension request immediately
 
Ok, let's say it gets denied and I've since fallen out of status. Can I still try at the border? Would they scrutinize the fact that I've been in the US past the expiration of my TN status? Perhaps it's better to just go to the border ahead of my TN expiration?
 
Yes, you can still try at the border, even after denial, however, you had better have addressed the issue mentioned in your RFE. It will not matter that your TN is expired, as will be explained in your denial letter, you will be expetec to leave by a certain date, so if you show up at the border before that date with a new, improved petition, it will be processed.
 
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