travel while TN Petition status is pending

M

minak27

New Member
HI. My company filed the petition for my TN which expired on Sept.12th. My application was submitted on Aug.14 but it's still pending. I plan to travel abroad(canada) in three weeks and come back to US on Dec2. It seems that the chance of getting my TN renewal before my trip is very slim. I have talked to an attorney who filed my case and she told me that applying a new TN at a POE might complicate my case, so she wouldn't recommend doing it. I would like to find out if this is true, if not, should I bring the same kind of documents to the POE as the ones used last year? Should the letter say that the job got extended for one more year or mention that I already applied for a petition? Should I bring a proof of the petition pending status? Please advise on what I should prepare for applying a new TN at a POE after submitting my petition form to a service center.
THank you very much.
 
Your lawyer is an .... she's wrong. You simply get your 3-year TN at the border and then wrtite to cancel your existing petition. It doesn't complicate anything -- it simplifies it tremenedously.

If she is saying that you shouldn't apply for a TN at the border period (you didn't give any indication that that was the case) then you shouldn't travel at all until you get your I-129 approved. Bu tthat does not sound like the case.

Get a new letter with 3-year request, take your doscs with you, and apply for TN when re-entering US. Take your I-129 receipt with you to show pending status, and then write the cancellation letter to the service center when you get home.
 
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Thank you very much for your fast response.

I've emailed the lawyer and asked if I can apply for a NEW 3 year TN and she is saying that I will not be qualified for a three year extention since I filed my TN petition before the new rule went into effect(Oct.) More importantly, she is not comfortable withdrawing my petition and having me apply at the border. She is saying that the pending extension is my work authorization at this point.

I would like to ask you if applying a new TN has anything to do with the petition I submitted. Would applying a new TN at a POE withdraw my petition? She is saying that withdrawing my petition will call into question weather or not I am currently authorized to work in the states. It seems that I will need to provide her a document explaining that appying for a new TN while my petition is in pending status is not going to complicate my situation.

THank you in advance for your help.
 
Your pending application IS your current work authorization, but only while in US (and for 240 days past I-94 expiry). Once you leave you need to enter on TN, a new TN, and since you are applying after the rule change, you can ask for a 3-year TN at the border, and THEN cancel the I-129. The time you filed the I-129 or the length of extension you previously requested have no bearing on this.

The TN you get at the border (the CBP has jurisdiction there) as absolutely NOTHING to do with one you sent in to CIS. However, once you do get your new TN at the border, the best practice is to then cancel the I-129, in case it somehow gets denied later (leaving US does not cancel an I-129, since you are not the petitioner, your firm is).

Note that no one has said to cancel the I-129 and then go to the border. You go to border, get TN, and THEN cancel the I-129. You show the receipt notice to the CBP officer merely to prove that you have maintained status past your I-94 expiry. This is common practice, and is in fact best practice.


Once you leave US, your pending I-129 is of no use in getting back into US (only an approved I-129 can be used, or a new TN at the border), so, using her logic, she is insisting that you stay in US until your TN is approved -- which is ridiculous given you can get a new TN in 10 minutes at the border.

Your lawyer is thinking like this is an H1 petition, but TN's can be petitioned at the border -- H1's cannot. Huge difference. She is clearly not familiar with TN -- too bad.
 
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Hi Nelsona.

Thank you so much for your guidance.
After emailing back and forth with the lawyer, we filed the premium processing for my petition. But I have less than 15 days until I leave the states. I have 11 calendar days until I leave the country but 18 days until I enter the US. So I am guessing that it will be done processing while I am in Canada.. Will it be okay to leave the country? Is the officer at the POE see my renewal even though I dont have the renewal with me at present?
 
he might, but you can't assume this.

You will therefore need to carry a brand new TN petition (3-year) with you just in case.

That is why it is absolutely ludicrous that she has made your firm waste another $1000 (plus her unwarranted fee no doubt).

All you needed all along (after the intial I-129 was submitted) was a border petition next time you crossed.



And all this has gotten you is a one year TN. And you will need to go thru this again next year. Make sure you tell your company what a waste she has been.
Pa -- thetic.

I would report her to AILA.
 
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Hi! Nelsona.

My case is as follows:

1.I travelled out of USA while TN &TD renewal still pending Oct.12 2008, with TN to be expired on Oct.31,2008

2. I got one-year new TN at the border on Nov. 5, 2008.:)

3. I wrote a letter to USCIS to cancel the existing petition on Nov. 11, 2008, and applied a new TD for my daughter.

4. I still received approval from USCIS on Dec, 17, 2008, my daughter's TD approved as well.:rolleyes:

5. I received a letter from USCIS on Jan. 20, 2009, indicating denied the I-129 TN extension, just approved on Dec.17, 2008.:eek:

6. On line checking my daughter's second TD, it shows the case was transferred from VSC to California Service Center on Jan. 20, 2009.:confused:

7. Company human resouce manager called USCIS yesterday to verify my current status. The officer said if the letter indicated case denied, then the beneficiary shoud leave USA immidiately.:D

So, am I in trouble?

Thanks a lot!
 
1. Not an issue.
2. Good
3. On that letter, did you indicate why you were cancelling it -- ie, you got a new TN at the border?
4. Your letter makes this approval null and void.
5. Did they indicate why the denial was made? If not, then you can assume it was in connection with your letter, so you are fine. If it was for some other reason, then you may have problems.

6. That's fine.
7. USCIS are typically unaware of what CBP does. You were admitted by CBP for one year. You took all the necessary steps to stop the I-129. You should be fine.
 
Thanks!

1. Not an issue.
2. Good

3. On that letter, did you indicate why you were cancelling it -- ie, you got a new TN at the border?
---Yes. Because of the new TN at the border.

4. Your letter makes this approval null and void.
---But, they received my letter in Nov. 11, then approved the pending TN renewal in Dec. 17. Strange.

5. Did they indicate why the denial was made? If not, then you can assume it was in connection with your letter, so you are fine. If it was for some other reason, then you may have problems.
---The reason for the denial is clearly indicated as in connection with the letter to withdraw the petition.

6. That's fine.
Confused. Why they transfer the case to California Service Center?

7. USCIS are typically unaware of what CBP does. You were admitted by CBP for one year. You took all the necessary steps to stop the I-129. You should be fine.

Thanks for the information.
 
6. The CIS can move petitions anywhere they want. Who cares?

One thing I would be looking at though is simply taking your daughter to the border to get a TD. There is good chance, given the screw up they did on your I-129, that they willdeny her I-539 too. So you should get her a new I-94 at the bordewr to avaoid her accumulating any illegal days.
 
Thanks a lot.

You are right. I am thinking bring her to the border to get a new TD sometime later.

But first, the 180 days rule should apply since I have two TD extensions for her this time (one Aug. 23, 08 & one Nov. 11, 08). Half of the grace period is gone. I have paid so much this time (50+300+320+300), but still waiting now.
 
She is not out of status right now. and one thing to remember is that her TD petition was based on your BORDER TN, so it is not doomed to failure.

But I would be proactive about goingf to border to get TD for.

Your going to the border would also have the effect of ensuring that your current TN is active, removing any standing to the I-129 rejection you got.
 
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