TN Visa out of status situation

Doodlebob

New Member
Hi guys,

I was working for a company using tn visa until February of this year and resigned. The tn visa is valid until 2022. When I quit in February I had an offer from a different company. I was told that by the immigration lawyer from the company that they started “working on my visa” in early April, but they were super slow and it was very difficult to get a hold of them. So i thought I was good during for the grace period. But I just discovered yesterday that they never sent out the application to USCIS. As a result I am currently out of status. As soon as I realized that, I’ve submitted an online COS to change to B2. Today I finally got a hold of the lawyer and they’re deciding whether filing at USCIS under premium processing( available next week) or having me go across the border would be the better idea. I am wondering what is the best course of action for me right now? Since I am out of status for around 2 months =(.
 
Even if they file I-129, you are out of status and will need to go to border to activate it (ie. they won't issue you an I-94), so I would just ask them to prep a borer application.
 
Hi Nelsona,

Thanks for the quick response. Do you know if my out of status situation is the equivalent of unlawful presence and would I be prevent from future visa? Thanks.
 
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