TN Extension by Mail -- Filing in a "Timely" Fashion

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UsernamemanresU

New Member
Consummate professional that I am, I did not mail my I-129 (TN extension) in very timely fashion. In fact, I mailed it just shy of one month before my TN expires, which, as it turns out, does not give USCIS their 30 to 90 working days to acknowledge receipt (and assign a case number).

If I understand correctly, because the process is so slow, there exists a 240-day grace period during which applicants can continue to work in the US, under an expired visa, while their case is pending, if they file in a timely fashion. My question here is this: does anyone have an unambiguous definition for "timely"? Do I need to book a flight back to Canada and do this the expensive way, at the port of entry?
 
U r fine, no need to freak out.

There are 3 ways u can do this...

1.) File a I-129, to extend the TN status (not visa), and PAY 1000 to expedite the response within 2 weeks from filing date

2.) File a I-129 via regular timeline, and sit tight until approved (this is where the 240 day window covers u)

3.) Go to POE (be it border crossing or airport) and re-enter with your application, and if approved, u will recieve your new I-94 and be ready to work the very next day.


Since u already did option # 2, the only other "quick" way is the POE. Sometime in 2006, I worked for 5 months after my TN expired, before I recieved the I-797 approval.
 
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"timely" filed, means while the TN is still current, even if it is the last day.

In other words, you need to have a valid status in order to extend it.

You may travel from now until your current expiry date with no problem. If you travel after your expiry date but before your new TN is approved, you need to get a new TN at the border when re-entering, and then cancel the mail-in.
 
My visa expires on the 16th of this month, June. I mailed my forms in late May. So, if I understand the previous two replies correctly, then I must do this personally, at the port of entry, for my status will surely expire before anyone in Vermont even looks at my file and classifies it as received and pending. In other words, by the time someone gets around to my file, my visa will have gone belly up. Do I interpret the previous two replies correctly?
 
No, you misread completely.

You have filed i na timely fashion, since you filed before the 16th of June. The time it takes for them to process does not count against you. that is what the 240 day grace period is for.
 
I suppose we have different ideas of what it means to "file" a document. I assumed a filed document was one that was both received and assigned a case number. If this were the case, then according to the yahoos at the USCIS, my document will not be filed until after June, which would be too late. Obviously, I am wrong on this. If Vermont looks at the date that the mailing was received as the date it was filed, then I am fine. I appreciate your help.
 
I have posted the actual law several times, so I know what I'm talking about: 240 days past the previous expiry. The receipt date -- so long as it is before expiry -- is otherwise meaningless. It is the previous expiry date that is extended, so receipt date is -- once again -- meaningless.
 
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Okay,

We're all bangin' our heads against the wall.

You're fine. All you have to do is make sure the I-129 arrives on or before your TN expires. I have Fedexed it overnight the day before it expires and have been fine. I've had at least 10 TN's. Just let it go.

Now if you leave the country and come back, you will apply for your new TN at the POE. You just need to contact USCIS after that and let them know that you have already received your new TN at the POE. And yes the fees that you paid become blow away money and no you can't get a refund. Think of the I-129 and the fee as a way to stay for a while longer until your new TN either comes by mail or at the POE.
 
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