A TN visa is valid for the time indicated on CBP Form I-94 or USCIS Form I-797. If your TN visa is coming to an end, and your employer has offered to extend your employment, you may be able to extend your TN visa.
An extension of a TN visa can be done in one of two ways:
- If you would like to remain within the United States while seeking an extension of your TN visa, this can be done by filing Form I-129 with USCIS prior to the expiration of your current TN visa. Extensions for stay filed by mail with USCIS must be filed by the employer and can be done as far as six (6) months in advance of the expiration of the current TN visa. The employee must remain in the United States during the renewal process if done by mail with USCIS.
- You may depart from the United States before the expiration of your current TN visa, and then, upon re-entry to the United States, apply at a U.S. port of entry or at a pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of your initial application for admission as a TN nonimmigrant.
Timing is crucial in the renewal process. It is important to maintain your current stay in the United States and to renew your visa status prior to the expiration of your current status. There is no grace period beyond the expiration of your current TN status. Keep in mind, an extension of a TN visa requires the same careful attention to detail and supporting evidence as a new TN visa application. You will not automatically receive an extension of your TN visa simply because you have received a TN visa in the past. Failure to properly and timely file a TN visa extension application can result in a refusal or even a denial. If you have questions about the TN visa extension process, or require our assistance, contact Mr. Richards today.
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