Will I be out of status if TN expires while Renewal pending-receive notice from INS

[hagi]

I have applied for TN [renewal] by mail, no premium processing[shd have], I just received a notice of receipt[May 28], and it says it may take about 30 - 120 days. My old TN expires July 9, but checking with processing dates posted as of May 18, they are now at March 18. I am afraid time will run out before I get a response from them, so my questions are:
Will I be out of status if I dont get a response before my old one expires
If the above is Yes, then can I go to the border and renew it without showing that I have applied for the same type visa - meaning two TN for the same job.
Any inputs, noodle and all

 

[TheRealCanadian]

Will I be out of status if I dont get a response before my old one expires

No. Almost all non-immigrant work statuses allow you to work for up to 240 days if there is a pending extension.

 

[hagi]

thanks

Thank you, and now I can relax.
By the way have you / are processing your GC with TN. just curious

 

[mafunian]

NAFTA to Green Card headache

Hello, My TN will expire in about 3 weeks on Sept 10, 2006 and my I-148 has not been approved as of yet though it might be in the process right away or better in the mail.

I did not file for I-140, only my wife did, which is currently on TD status. She had filed concurrently for both I-140 and I-148. What will happen to us if we did not get approved by the expiration date of our TN/TD status?

Can we buy some time filling for TN renewal by mail and also avoid boarder crossing (To Canada since we hold Canadian Passports)?

We have also all filed for I-131 for travel documents which has not been arrived. Should we stay in USA after TN/TD expired?

Can I Keep working with expired TN and pending I-148?

On September 14, 2006, it will be 90 days after filling for I-148 (four days past expiration date of my TN), should I schedule an appointment at the local office using InfoPass and apply for an interim EAD? How would they deal with the fact that I was out of status for 3-4 day if indeed I stay past TN expiration?

Thank you so much.

 

[curiousGeorge]

Hello, My TN will expire in about 3 weeks on Sept 10, 2006 and my I-148 has not been approved as of yet though it might be in the process right away or better in the mail.

There is no such thing as an I-148. I will assume you mean I-485

I did not file for I-140, only my wife did, which is currently on TD status. She had filed concurrently for both I-140 and I-148. What will happen to us if we did not get approved by the expiration date of our TN/TD status?

Since you've already filed your I-485, when your TN/TD expires your status will no longer be "TN status", it will be "AOS Pending Status". You are no longer eligible to renew your TN. If you do, it most probably will be denied, and if by chanceif the TN was to be approved, this may void your I-485. Once you are in AOS Pending Status, you will need to use your EAD to continue working, since your TN will no longer be valid. Furthermore, if you leave the US, you will need to show your AP when you reenter, not your TN.

Can we buy some time filling for TN renewal by mail and also avoid boarder crossing (To Canada since we hold Canadian Passports)?

Since TN status does not allow for dual intent, and since you have shown clear immigrant intent by filing your I-485, you are no longer eligible for TN status. If you were to attempt to renew your TN at this point, it would most definitely be denied, and if by the slim chance that it was approved, this may in effect void your I-485. The bottom line is, don't renew your TN ever again. Period.

We have also all filed for I-131 for travel documents which has not been arrived. Should we stay in USA after TN/TD expired?

This is important. After yor TN expires, but before your AP arrives, DO NOT LEAVE THE US, or else your I-485 will be considered abandoned. You are in legal status to be in the US since you filed an I-485. Your new status will be AOS pending. If you do not have an EAD in your possession when the TN expires, then you will need to take a leave of abscence from work, since until your EAD arrives, you won't be legal to work.

Can I Keep working with expired TN and pending I-148?

If you have an EAD you can continue to work. You will have to show the EAD to your employer to fill out a new I-9. If you do not have an EAD, you will need to take a leave of abscence, since your TN will no be valid any more, and you do not qualify for a TN renewal.

You should really read the second post on this thread. It will give you a lot more info:
http://www.immigrationportal.com/showthread.php?t=152852