Question RE Canadian applying on new TN while on pending B1

D

duckdotcom

New Member
I am a Canadian currently on a pending B1 in the US after I got laid off from my TN job.
I have a new job offer, but my concern is that if I want to apply for a new TN and leave the country to re-enter, I automatically cancel my pending B1 status, and what will happen if I don't get approved for some reason. How does this work exactly?
Thank you in advance.
 
Do you mean B2 (B1 is business visitor)? What do you mean by "apply for a new TN"? Do you mean your employer files I-129 for Change of Status in the US? Or do you mean you leave the US and seek entry to the US again into TN status?

If you leave the US while a Change of Status is pending, it is automatically abandoned, since it is moot (i.e. whether it would be approved or denied no longer matters). You have not accrued any "unlawful presence", and if you entered on a visa, that visa is not voided (which is not relevant for you since Canadian citizens don't enter on a visa). Your next entry is on its own merits, and is not dependent on whether you changed status on your last stay.
 
You're correct. I meant B2...
On my next entry do I need to file for a new change of status, or if the TN is not approved would I be automatically on a B2?
What if they deny entry?
 
No, the status you enter into is the one you seek to enter into, which in your case will be TN, for which you present the job offer and other things usually needed for TN. It is not dependent on what status you had on your last stay, or whether you changed status on your last stay.
 
... and if the new TN application gets denied, will I be able to enter the US, since we currently live there until we either move back to Canada or get a TN approved?
 
Well, you can try to enter into regular B2 visitor status. Whether to let you in depends on the officer.
 
While leaving US will kill your B2 I-539 petition, it would be good to check its status, and if still pending, formally kill it. You wouldn;t want a bureaucratic snafu to send you into B2 status.
 
I just called a couple of locations at the Mexico border crossing in CA, and I was told they will not process a Canadian TN. One of the officers I talked to said it would not be a "meaningful departure". I cannot find any information regarding the law or even the term "meaningful departure" for this situation. Thoughts?
 
duckdotcom said:
I just called a couple of locations at the Mexico border crossing in CA, and I was told they will not process a Canadian TN. One of the officers I talked to said it would not be a "meaningful departure". I cannot find any information regarding the law or even the term "meaningful departure" for this situation. Thoughts?
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duckdotcom said:
Thanks for this tip @nelsona
Do you know what the formal cancellation is? Is there a form for this?
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If you apply for B2 status via USCIS online, you can always upload a document in to the documents section. You can type in a letter and request for cancellation since you acquired another status, date the letter and sign it, then upload into the system.

I think you can do the similar thing by quoting your USCIS reference # and mail out a letter to the same processing center where you sent in your I-539.

Keep of a copy of the correspondence always, to be on safe side.
 
duckdotcom said:
I just called a couple of locations at the Mexico border crossing in CA, and I was told they will not process a Canadian TN. One of the officers I talked to said it would not be a "meaningful departure". I cannot find any information regarding the law or even the term "meaningful departure" for this situation. Thoughts?
Click to expand...
I have few friends (Canadians) who got their TNs processed at US/Mexican borders like CA and TX. Shouldn't be a problem, not sure why officer stated this way. It may depend on officer's experience as well, you can try calling another location within the MEX/CA border points.
 
Considering that 2 officers at 2 different locations told me no, I don't think it's worth the risk. To be fair these border crossings are the busiest in the world. I can't blame them not wanting to deal with extra work.
 
Here is my next question.
I opted for Canada to apply for my new TN, which I received, but my wife (A Canadian citizen) still doesn't have her TD that goes with my new TN. We are submitting a letter for cancelling the I-539 change request to B2, but we are confused about her status. For the record, she still has a valid I-94 and sometime in the near future we'll sync her with my new one but concerned about her status in the meantime.
If you guys could advise?
 
Her I-94 is indeed still valid, since you have a new TN (it was not tied to a specific TN).
Next time she crosses the border (anywhere) she can get a new I-94 with a later expiry date.
 
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