TN extension -Make a mistake on the I-129 - Please help!!!

T

tomj

New Member
My TN expired in this August and I sent out an TN extension form in July. Since I haven't received any response from USCIS beside the green delivery confirmation card from the post office, I started trying to find out what was going on. Surprisingly, on the xerox copy of my application form, I found that I forgot to fill in the "Requested Nonimmigrant Classification" under part 2. That explains why I've never received anything from the USCIS.
Now, can someone suggest me what to do? I am still working in the US. Should I call up the USCIS to correct the mistake, reapply by mail or should I go straight to the border and apply for a new visa? If I choose to go to the border, should I tell the office that my previous visa has expired? Please help!!!
 
you should talk to a lawyer right now.

I don't think you can send in another I-129 as it would be considered a new petition and thus not filed before the expiry of your TN.
I think the best course of action is to immediately go to the border and apply for a new TN. Do not mention anything about your problem to them. Also by leaving the USA, you will immediatly abandon the I-129 so it is no longer a concern.

If you ever apply for a GC, this 'worked illegally' could come up, but you can always prove that you in fact did file a renewal petition in a timely fashion and where thus allowed to work for 240 days after the expiry of your TN.
 
gunt said:
Do not mention anything about your problem to them.
Click to expand...

Do not mention it unless you are specificaly asked about it, but you may need to address the question it if you go to the border. I did this once and the CBP officer questioned me about my expired TN, and why I am only renewing now. I told him there was a renewal pending in the mail, and I needed to travel, so I needed to get a new TN sooner. He seemed to know about the 240 day rule. He gave me a TN at the border, and then got a an approval in the mail for one I had filed at the service center.
 
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Thank you so much for your advice!
Since I am still working in the US, if I got a new TN visa at the border, it will be marked the day that I apply for it, not extended from August. Will I get pick by the USCIS for not having a work status for the last couple of months? I only have the delivery comfirmation receipt from the post office. If the officer at the border ask me about whether I have the "petition in progress" letter, it the delivery comfirmation receipt sufficient enough to prove or "letting me" to to work legally for the last couple of months?
 
when you go to the border, take a copy of the I-129 you sent as well as the delivery receipt. That should be enough evidence for the USCIS to have them leave you alone about the time you have been working after you TN expired.

As of right now you are still legally entitled to work as you have filed a renewal in a timely fashion. The problem is that your renewal application will definately be denied and then all the time you have spent working after the TN expiry will be considered illegal. As of right now if you go to the border to get a new TN, you have done nothing wrong.
 
Thanks again for your advice!

My spouse just asked me if I can call up the USCIS customer service number on the "receive notice" that we used to get by mail, and ask the officers the current status of the application. If possible, we can correct the mistake and let the process continue on. Is that all possible?
 
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