Expired TD - waiting for extension review

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Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

Expired TD - waiting for extension review

Post by Tracyj » Tue Jul 03, 2007 2:04 pm

I did the online extension for my TN and my husband's TD. A situation has come up where my husband needs to go back to canada for a few days. Now that his TD is expired, I am not sure what our options are.

We do have the extension notice that our application has been filed over a month and a half ago, but the backlog is a good 3 months behind at the moment.

Since he is a TD, and not working in the states, is the extension paper something the land border guys will allow through. Or is it a big risk?

thanks

nelsona
Posts: 16085
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Jul 03, 2007 2:42 pm

If he leaves the country, he has no way of re-entering until you get your TN approved. The extension that he made (filing an I-539) dies when he leaves US, just as your TN extension (I-129) would die if you crossed.

He would need to re-enter on TD based on your APPROVED TN, not on the basis of your PENDING TN.

The simplest remedy you have is to go up to canada with him, and get your own TN at the border, and then get his TD at the same time.

Alternatively, you could request that your TN petition be upgraded to Premium processing ($1000) but that would take 2 weeks.

As you can see, the mail-in TN renewal is not always the best way to go.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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