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Urgent (Applying for another TN inside US while waiting for TN to E2 status change)

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  • Urgent (Applying for another TN inside US while waiting for TN to E2 status change)

    Greetings everyone! Thanks in advance! I'm in a real quandary, so will appreciate if you guys can help.
    I had applied for change of status to E2 from TN in march (my TN/i94 is valid till sept 2018). I resigned after that and started to build my business while waiting for E2 approval. In may I received a RFE regarding my E2 application and im currently working on putting together the RFE response and will send it to USCIS by end of this month the latest through my lawyer. It will take another month after that for the decision. In between I got this consulting opportunity which is starting on 5th July. The company is ready to do premium processing for TN while im in the US. Now, my question is-

    1. First of all, can I apply for another TN within US in my current situation? The legal definition says that one should be in legal non-immigrant status to apply for TN within US. Very technically speaking, im not on TN anymore as I had resigned, but at the same time, Im waiting for my E2 application, so im in the country within the legal parameters.

    2. Second, and more importantly, will applying for another TN through I129 affect my E2 application? I know for sure that if I go out of country and apply for TN on border, E2 application will go invalid as I have left the country. But inside the country, as im not applying for another change of status, applying for second TN should be fine and not null my E2 application. As far as I know, one can have multiple TN's at the same time.

    I would hate to have my E2 application go waste after all this work, but at the same time letting go of this opportunity with E2 decision still pending is also risky. My friend who has lot of experience in these matters says that I should be fine, but I want to confirm from all you wise people.

  • #2
    Were are able to proceed with your 2nd TN in the US? What happened in the end?

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