I-140 approved - what next

[canuckrnflorida]

I have worked in Florida with TN status as a traveler and also as hospital staff since January 2002. Three years ago applied for I-140 but was denied due to hospital job posting time. Hired a lawyer and this year got notice of approval for I-140 application - lawyer said to keep status current while waiting for visa number - went back to Ontario in June with letter to renew TN for three years, hoping visas would become available in that time - told by TN specialist at Detroit that I should never have left country because I was in application for change of status - she said she would pretend I was never there because I wasn't aware of my error - she would not directly tell me what to do but said she could not renew my TN because of my application for 'change' - I called my lawyer and he said to apply by mail for renewal and that I should have called him before leaving. He still feels I need to maintain my TN. I saw a counsellor at the Department of Immigration in Orlando and he was useless - didn't know what a TN was and gave me renewal forms that had expired Dec.2008.I have mailed my I-539 and 'they' have cashed my cheques BUT my TN expires Sept. 14/2009 and to date have not received my renewal. What can I now do ? If it doesn't arrive in time, do I have to leave the country? I know I can't work without the TN. If I do have to leave what is the time frame? If I leave and my TN renewal is issued will I have a problem getting back here ?? Could someone who has current experience please try to answer some of these issues ? I don't want to hire another useless lawyer . Thanks. L.

[agnelson]

You did nothing wrong by leaving US. You csan renew TN as long as you need upto the time you submit an I-485. I-140 is NOT an application to adjust status.

Remember, you firm is the sponsor for your TN, this your leaving canada does nothing to it.

I think you mean I-129.

[Steven]

Yeah, an I-140 filing by your employer has no bearing on TN-1 status as we were talking about in the other thread. It's the I-485 that is the relevant document. I-129 is the form for renewing TN-1, not I-539.

So basically you can renew at a POE if you want, from the sounds of it you had a misunderstanding with the CBP officer.

[canuckrnflorida]

Hi Steve - thanks for your reply - I have dealt with this officer before and she is the expert at this location - when she saw I had an approved I-140 she went and spoke with her superior and was told by him I should not have left - my forms and cheques were sent the second week of July after I tried to get info in Orlando at Immigration Serv. and the cheques were cashed but so far no TN in the mail - my employer has not received notice of my application renewal and TN expires in 10 days !! I can't locate exact wording about me having to leave within the 10 days after the TN expires and wonder if the I-140 approval allows me to stay here until the TN does arrive - my employer said he would just not schedule me until it does but I'm not sure if that works !! Don't want to lose my vested state for my benefits !

[agnelson]

Your I-140 does not give you any legal status.

Since you mailed your TN in time, you are fine.
That gets you 240 days grace period. Both CIS and CBP are under specific , clear, and well-publicized instructions to NOT deny TN petitions simply on the basis of approved or pending I-140.

And leaving US did nothing to your I-129 petition, since it is your employer's.

So are worrying for nothing.

Sit tight, keep working, wait for TN approval. If you absolutely ust leave US before it is approved, simply apply at the border.

Your I-140 has not jeopardized anything.