TN Options if renewal is denied

T

tnmember

New Member
Hello everyone,

I am Canadian citizen working on TN status with my family on TD status which is valid until end of Oct 2017 and I have applied for in-country TN extension using I-129 few weeks back. I have been told by my employer that you have 240 days employment extension if TN is not approved before the last day of current TN status period. Is it correct ? What options do I have if TN extension is denied say sometime in November 2017 ?

1) I was working on H1-B visa before and I have 6 months remaining out of 6 years. Can I apply for change of status from TN to H1-B visa using I-129 and if so how soon do I need to apply so that I am not out of status ?

2) The other option I think is to to fill I-539 application form to change to B2 visitor status for 6 month to wind up affairs and move my things out of the country. Is it correct and if TN visa is denied in November 2017, how much time do I have so that I am not out of status ?

Thanks in advance !!
 
Yes, you get 240-day grace period added to your TN status once you file a timely I-129. If you get a rejection at that point, you stop work, and then simply go to the border and try to fix it, or file for another status.

1. Not a very plausible solution, since an H1 application is costly, time-consuming, and would not keep you working until it is approved, and would only get you 6 months. It would be better to just upgrade your I-129 to Premium processing right now and know if your TN will be approved.
2. You have 60 days from the time of the TN expiry to apply for a B2.

Why this concern that you will be rejected? If it is a borderline case, perhaps you should go to the border now and get a TN, or gp premium processing and remove any doubt.
 
Thanks for the prompt response. In option 2, if I don't want to leave the country, then should I file I-539 for change of status to B2 visitor the very next day after TN is denied if prcessing time of I-129 TN renewal status goes beyond end date of current expiry of Oct 2017.
 
Sorry, I may have misspoke. Since you would have an expired TN at that point, you would not be eligible for the recently enacted 60-day grace period which is for those who lose their job on TN, etc, with time remaining on their I-94.

The ability to file for B2 (or any other status) is questionable after a denial which occurs after the expiration. No grace period is available at that point, and you would have to leave US within a reasonably short time. You cannot change status, if you are out-of-status.

Again, if you are so concerned about a denial, you need to have your worries addressed BEFORE your expiry date, by either premium processing you I-129, or going to the border, getting a new TN, and cancelling your I-129.
 
Tnmember -- why do you think your renewal will be rejected?

And how did you end up on TN and H1B at the same time?
 
Not really.. just preparing for all sort of options and based on current NAFTA scenario..
Only one status was at any given time ..
 
Your TN won't be denied at this point based on rhetoric. It would take months for any effect to TN even if enacted tomorrow. That will be the scenario to assess, not rejection of your I-129.
 
You must log in or register to reply here.
Top