I have been working with the same employer for 2 years. He applied for a renewal back at the beginning of August, but we haven't received the TN renewal, the only thing we received is a confirmation saying that USCIS has received the petition. That process usually takes about 3 months, but it has almost been 5 MONTHS, does anybody know why is it taking so long? On a side note I want to change my status to F2 ASAP because my wife has a new good job in a different state, since she recently earned a PhD. from a U.S. university, but the immigration attorney we consulted recommended us to wait until I get the TN renewal and then request the status change. My wife has an OPT (Optional Practical Training that allows her to work legally) that is linked to her F1 visa. What happens if I travel to Mexico to request an F2 before I receive my TN renewal, would that get me in trouble? All we want is to be together as soon as possible.
TN renewal taking to long..
- Thread starter GoHuskers
- Start date
nelsona
Registered Users (C)
When does (or did) your current TN expire?
As to getting F2, you can get that tomorrow if you wish. It certainly would NOT get you in trouble. You are in status right now, eith TN, or TN-pending, Completely legal. The lawyer may be thinking that cancelling your TN extension would make the previous time (if your last TN expired) out of status. It does not.
You would then immediately inform the USCIS, in writing, that you are cancelling your TN extension, otherwise, you could see your TN approved after you got F2, which would require another trip to the border (or filing I-539 to change back to F2). Again, this would not be "trouble", it would merely be an inconvenience.
You must of course stop working the moment you get the F2.
As to getting F2, you can get that tomorrow if you wish. It certainly would NOT get you in trouble. You are in status right now, eith TN, or TN-pending, Completely legal. The lawyer may be thinking that cancelling your TN extension would make the previous time (if your last TN expired) out of status. It does not.
You would then immediately inform the USCIS, in writing, that you are cancelling your TN extension, otherwise, you could see your TN approved after you got F2, which would require another trip to the border (or filing I-539 to change back to F2). Again, this would not be "trouble", it would merely be an inconvenience.
You must of course stop working the moment you get the F2.
Hi Nelsona,
Thank you for your quick reply. My TN expired in November 1, 2015. I don't know if I should hire an immigration attorney or if you recommend me to fill out the form by myself. Is it form I-539? The thing is I don't know what to answer in my Current Non-Immigrant status. Should I write TN-pending? The form also asks about the expiration date of my Non-Immigrant Status. Technically it has expired, however I have applied for a TN extension.
My wife's Employment Authorization expires in Feb 2. 2016, but she requested a STEM OPT extension on December 4. I know that the STEM OPT is now under revision by the federal court, do you think that will prevent me to get the F2? Since my wife's Employment Authorization is about to expire? We are also worried by the fact that the STEM OPT extension could be canceled. There is so much information it is confusing.
Thank you!
Thank you for your quick reply. My TN expired in November 1, 2015. I don't know if I should hire an immigration attorney or if you recommend me to fill out the form by myself. Is it form I-539? The thing is I don't know what to answer in my Current Non-Immigrant status. Should I write TN-pending? The form also asks about the expiration date of my Non-Immigrant Status. Technically it has expired, however I have applied for a TN extension.
My wife's Employment Authorization expires in Feb 2. 2016, but she requested a STEM OPT extension on December 4. I know that the STEM OPT is now under revision by the federal court, do you think that will prevent me to get the F2? Since my wife's Employment Authorization is about to expire? We are also worried by the fact that the STEM OPT extension could be canceled. There is so much information it is confusing.
Thank you!
nelsona
Registered Users (C)
Until her status is settled, I would be continuing to work at your current job, with pending TN (you are in status for 240 days after November 1 until it is processed.
Otherwise, you could both be out of status if her application goes wrong.
You might have your employer contact USCIS to see what is going on with your I-129 application. Or, you could hop to the border and get new TN right now. Don't bother with F2 until her F1 is approved.
I realize this might be a separation for a bit, but right now I would say you risk being together outside US if you are not careful.
Otherwise, you could both be out of status if her application goes wrong.
You might have your employer contact USCIS to see what is going on with your I-129 application. Or, you could hop to the border and get new TN right now. Don't bother with F2 until her F1 is approved.
I realize this might be a separation for a bit, but right now I would say you risk being together outside US if you are not careful.