TN Renewal - worried

#1
Hi All,
My TN renewal is due next week and I am in Canada now.

My employer informed me that the application process takes more time (months) . I am under the impression that if I get a new Employment letter with the renewal information from the employer then I can go to the POE/Pre-clearance with all the supporting documents , get the new TN stamped.

Do you know each TN renewal is considered as a new application ?
 
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nelsona

Registered Users (C)
#2
The "application process" the employer is referring to is the I-129 for which is sent to USCIS. Cdns do not have yo go this route, and should simply show up at border with TN letter an other required docs for instant TN adjudication. This applies to renewals as well.
 
#4
HI Khanna Ji,

This below message is from USCIS site

"If You File in a Timely Manner. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time."

What does this mean?

My understanding is " I can work for my employer and I can go to Canada and come back to the USA in these 240 days"?

Thanks,
Vishweshwar
 

SusieQQQ

Well-Known Member
#5
HI Khanna Ji,

This below message is from USCIS site

"If You File in a Timely Manner. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time."

What does this mean?

My understanding is " I can work for my employer and I can go to Canada and come back to the USA in these 240 days"?

Thanks,
Vishweshwar
No, if you leave the US then the EOS/COS application is abandoned.
 

Sm1smom

Super Moderator
#6
HI Khanna Ji,

This below message is from USCIS site

"If You File in a Timely Manner. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time."

What does this mean?

My understanding is " I can work for my employer and I can go to Canada and come back to the USA in these 240 days"?

Thanks,
Vishweshwar
If you travel outside of the US with a pending EOS/AOS, your petition is automatically presumed abandoned. You cannot return to the US and continue working in that previous status as that status is no longer applicable.
 

nelsona

Registered Users (C)
#7
Just to correct, the I-129 is NOT considered abandoned if one leaves the US, since it is not the worker's petition (I-539 is considered abandoned, since it is the beneficiary's petition). One could leave US and return after its approval with no issues.

However, if you leave and try to return AFTER your current TN expires but BEFORE your I-129 is approved, you then MUST apply at the border for new TN. The effect of this is to end the 240-day grace period.
 
#8
1 Means I have to stay in USA and work usual till approval or 240 days?
2. during this period (240Days) if Border is open then can I go for New TN Visa stamping?
 

nelsona

Registered Users (C)
#9
1. It means that if you stay in US, you are allowed to continue working legally for 240 days beyond your current TN expiry date. This applies only to timely-filed renewals.
2. If, during the 240-days after your current TN expires and your I-129 is not yet approved, if you try to re-enter US for any reason, you MUST apply for new TN at border, or wait outside US until I-129 is approved,
So you best have a rea;l good reason to leave US other than just to get TN, since by being patient and sitting tight, you will get it anyways.
 
#10
1. My TN Is expiring on May 02, 2020, that means if I filed my renewal before May 02, 2020, I can work 240 days, if it still pending for approval?
 
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