TN renewal questions

S

sunflower101

New Member
Hello,

I have travel plans outside of US till January, 2018.

My TN Will expire in April. If we apply for a new TN to USCIS by mid of January, Will it be too late?

In case if I don't get USCIS decision before April, will I still be able to live and work in US because the application is pending?

Thanks.
 
if you are going to be traveling, why not simply request for TN at the border upon your return instead of taking the USCIS route??
 
Probably not, but you can try. But to answer your real question, if you apply for TN (by mail, using I-129), before your current TN expires, that is sufficient to grant you a grace period that keeps you in legal "TN-pending"status for up to 240 days after expiry, allowing you to continue to work.
I would just file when I return.
 
nelsona said:
Probably not, but you can try. But to answer your real question, if you apply for TN (by mail, using I-129), before your current TN expires, that is sufficient to grant you a grace period that keeps you in legal "TN-pending"status for up to 240 days after expiry, allowing you to continue to work.
I would just file when I return.
Click to expand...

I also have similar question:

My TN expires on Jan 30/2018 and my employer wants to file for an extension using I-129 for me and dependents as well (TDs). As Nelsona indicated I can work upto 240 days from the expiry date as the decision is pending with USCIS.

I am just wondering how it works in case of my wife who is an Indian citizen and she needs to get a TD visa stamped on her passport from a US Consulate in Toronto. I am not sure is there a way that my employer can file for TD extension as a non-Canadian citizen and she can stay with us pass through the expiration date of her TD when the extension application is pending with USCIS? Any inputs on this specific situation?
 
The TD status one gets within US is not the same as a consular visa stamp. Once does not need a consular visa stamp while within US. So, her I-539 based on your I-129 will proceed that same as yours, as long as she stays in US. If she leaves US after her TD stamp expires, and before her TD status extension is granted, she will need to apply for BOTH a new stamp, and a new I-94 at the border (but only after your TN is granted). If she waits until her I-539 is approved, she doesn't even need a new visa stamp until she leaves North America.


So, while the 240-day grace period is fine if you remain in US, it is best if you renew in a more timely fashion, so that she can get a TD consular visa anytime she wants
 
nelsona said:
The TD status one gets within US is not the same as a consular visa stamp. Once does not need a consular visa stamp while within US. So, her I-539 based on your I-129 will proceed that same as yours, as long as she stays in US. If she leaves US after her TD stamp expires, and before her TD status extension is granted, she will need to apply for BOTH a new stamp, and a new I-94 at the border (but only after your TN is granted). If she waits until her I-539 is approved, she doesn't even need a new visa stamp until she leaves North America.


So, while the 240-day grace period is fine if you remain in US, it is best if you renew in a more timely fashion, so that she can get a TD consular visa anytime she wants
Click to expand...

Thanks Nelsona for the helpful information! My employer is filing for an extension this month itself, so we will have some time to plan and do the stamping for my wife!

If we get approvals (I-129 and I-539) before the TN/TD expires, we will go to border a week before the expiry of current TN/TD and get I-94 for me and my kid. Once we are done with it, we will proceed with my wife's stamping at the consulate as we did the same thing when we got our initial TN. - Can I go immediately to the PoE and get the I-94s and stamping for my wife after getting approvals even if it is 2-3 months ahead of TN/TD I-94 expiration dates?

If we don't get approvals before the TN/TN expiration, we will wait till we get the approval notices and then go to border and do the same thing as explained above. The reason why we want to get the stamping and updated I-94s is, we frequently travel between US and Canada.
 
If you get approvals by mail, you do not need to go to border, the approval has an I-94 attached! that IS your TN or TD status.

And, as I said, once your wife has an I-94, she does not need a consular stamp as long as she stays in North America. She can get one for convenience, but it is not required.
 
nelsona said:
If you get approvals by mail, you do not need to go to border, the approval has an I-94 attached! that IS your TN or TD status.

And, as I said, once your wife has an I-94, she does not need a consular stamp as long as she stays in North America. She can get one for convenience, but it is not required.
Click to expand...

This is even better! thanks nelsona for providing helpful information on this.
 
You must log in or register to reply here.
Top