TN Extension Deadline Close

#1
My TN expired on July 12th 2020. My employer filed for TN and TD extension for myself and dependents in time and was received May 15th 2020. On November 8th my employer received a request for evidence and documentation was received by USCIS on January 13th.

I'm really concerned as the 240day/8 month window is fast approaching for both TN and TD status. Should I just sit and wait or get in touch with USCIS??

(The update on the site does indicate evidence received January 13th and they will send me a decision or notify me if they require something else from me). I'm just concerned as I thought I would have gotten either a decision or a further request by now.
 

nelsona

Registered Users (C)
#2
Your employer should be getting in touch. Just remember that you cannot work without the approval after the 240th day.
At that point (or a few days before) I would be heading to the border for my TN, and then sending a cancellation notice to USCIS on my pending I-129.
 
#3
Thank you Nelsona,
If I do indeed have to travel to the border and get new TN, what happens the existing I539 applications? Will we have to apply again or will they get processed anyway?
 

nelsona

Registered Users (C)
#4
We are talking about your I-129.

If you also filed I-539s, as long as they do not leave US, they remain in process. You will explain that in the letter which cancels the I-129. I-539s have no time limit, since work authorization is not involved, and often take several months.

Of course, if they go to the border with you, they would juts get their TDs at that time (and then add the the request to cancel the I-539s along with your I-129 cancellation). While technically the I-539 would be abandonned, it is good to spell it out, to USCIS.
 
#5
Thanks again Nelsona,

Assuming I travel to the border next week and get a new TN:

Once I return; request a cancellation of current I-129 petition and indicate we would like the I-539's to continue being processed. If my dependents do not leave the US, will the approval of the I-539's be dated from the I-94 expiry date, (July 12th 2020). Their approved TD status will then be separate from my TN status, correct?

Hopefully I hear something this week and avoid travelling from Florida to a Canadian airport!
 
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