USCIS approval notice questions

S

Silencewind

New Member
Hi,

I am a Canadian. I am planning to depart to US soon to start my employment. My TN has been approved by USCIS and I received the I-797B notice. Since it's the first time I am doing TN, I have a few questions, will be greatly appreciate if anyone can help to answer:

1. With the approval from USCIS, what is the *necessary* documents should I present to PoE? I know I-797B and Canadian passport for sure. The question is do I need to present the offer letter/resume/education documents for they to review again? or I-797B should be sufficient enough?

2. In my I-797B notice, it said "Consulate notified: VANCOUVER", does it mean I will need to enter via Vancouver PoE? Or can I enter any PoE as convenient?

3. My wife will accompany with me for a few weeks, then she will return to Canada to work and visit me from time to time. Is it better to apply B1 for her instead of TD (She is Canadian)?

4. Do I need to complete Form AR-11 change of address, once I enter the U.S?

Thanks in advance!
 
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1. just bring everthing you have and got so there is no problems whats so ever because all of the paper work is there you never know what kinda cbp you"ll get so its better to be safe then sorry!
2. well since you filed i797b and didnt just go str8 to the POE to get your TN if thats what it says on the paper i would just go there so there is no complications maybe you could go to another i am not 100% sure maybe nelsona can answer that 1 for you
3.No u dont need to apply for a b1 or a TD if she is not staying with you theres no reason to file anything. I work in the states on a TN and my husband comes and goes with no problems those things above only need to be filed if she staying/living with you
4.i dont see why you would have too? i never did
 
1. as the previous poster said, bring ALL the docs that were submitted with your I-129, along with the approval notice. While USCIS has approved your TN, the border sometimes will want to do their own review (bit of a turf war).
2. This is unimportant. There was a spot on the I-129 for consulate, which your employer duly filled,, but this does not apply to Cdns anyways. Ignore.
3. Yes. TD allows her to break Cdn residential ties, so is better than simply entering on B2. She isn't eligible for B1. Besides, 'B" is granted simply by entry, no petition. You've entered on B status dozens of times. Get TD while the TN paperwork is still fresh in your hands.
4. Technically, yes, but unless you have a green card there is no penalty for not filing. If you know the address you will live, simply give it to the border officer if he asks. They will update it when you enter US by air from your customs form.
 
Thank you The_Gift and nelsona for the detailed answer!

I have one additional questions regarding the point#3:
does obtaining TD status implies that she will be a resident of U.S and have to file U.S tax return to IRS (assuming if the total days of stay is less than 31 days in a year, she will be mainly working in Canada)?
 
No, just like it doesn't necessarily imply you will be resident in US.

Reread what I said previously. to get TD, (I'll assume she is a Cdn citizen) which she eventually may need if she moves with you, requires a copy of your I-94, and your marriage license. It would be a lot simpler to get these when you are getting processed at the border than later on.
But, certainly, by what you describe, she does not need any formal status when visiting you; she will merely enter in undocumented B2 status, like 1000's of Cdns every day.
 
Just want to report back that I have passed CBP with a USCIS notice via the airport - it was a 5 minutes process and my wife was granted with TD.

One question I still have: my wife will not join me in U.S for now, so she will visit me periodically. So next time when she enter U.S from Canada, will she be granted as B1 or will she stay TD? will officer question that TD dependent not live with TN holder?

Thank you,
 
Her TD is valid as long as she is married to you and you are on TN. Neither of you have to live in US, or live together. She should always enter on her TD from now on.
 
Hi

My case is similar, just few days back I got my TN extension I797b (3 years) for my existing company X also got one offer & TN letter from another company Y. I am planning to fly to Toronto to get new TN for Y I have few questions:

  1. What will be impact if my TN for Y declined?
  2. As I797b is not a visa can I ask TN visa based on approved I797b to continue my work fro company X?
  3. What should I ask for visa officer for TN visa based on approved I797b in case of when my new TN declined? I will be carrying all papers as required for TN and to support I797b both cases.
 
1. Unless YOU (rather than the TN application) are rejected for admissibility reasons, then your other TN is safe.
2. No idea what you mean. You don't get a visa under any circumstances. You got an I-94 for X and that is all you will get. it should already be stapled in your passport.
3. Nothing. You already have your TN for X. The only reason to go to YYZ is to get a second TN for Y.
 
Sorry for any confusion, my Approval Notice says I797 A TN1 for three years.

"The left part is for his or her records. He or she should present it, along with any other required documentation, when applying for reentry as a TN at a port of entry or pre-flight inspection station."

But why in Approval notice is bold says "THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA."



My question:
Is this I797 A(three years) considered as TN visa and I can reenter based on it as NO TN VISA STAMP on my passport for this duration
or
its just I94, I need to ask TN visa stamped on my passport in case my new TN application declined?

As my understanding that I94(approved duration to enter on visa) and VISA stamped/sticker on passport are two different things.
 
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Your understanding is incorrect.
Did you read what I said? The I-94 attached to your I-797 approval notice IS YOUR TN. You never have and never will get a "visa stamp" because you are Canadian. You may or may not have a "passport stamp" in your passport, but this is completely optional.
No need to ask for anything. You do not need a visa. You need an I-94, which you already have. the officer may or may not decide to stamp your passport when you enter US, but it changes nothing.

A "visa stamp" is something that non-Cdns get at a US consulate in order to request permission to enter US on visitor, work, student statuses, etc, in addition to the required I-94. The verbiage on the I-797 is written for the entire world, but doesn't apply to Cdns.

If you were not getting a second TN, there would be no need for you to even go to the border.
 
kite2020 said:
But why in Approval notice is bold says "THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA."
Click to expand...

I agree with everything nelsona says but just to elaborate a bit more on this point: what a Canadian typically needs and gets is TN status, not a TN visa. That is why the notice above is correct--it is not a visa but you do not need a visa--you need TN status. TN status for Canadians is often inaccurately referred to as a TN visa, even on official websites such as Canadian government sites and university career services offices. The US government usually gets it right, though, with regard to their own terminology. Rajiv Khanna also has it right--in these forums he refers to most other categories as "visas" but the TN as "TN status" due to the fact that many TN's are Canadians who do not need or get visas.
 
That kite was confused should not be surprising. Most company lawyers dealing with TN or with Cdns getting H1's insist that we make arrangements to get a visa. So, that, and the wording on the I-797 make it seem that one needs a visa.
Also, since Cdns never get visas to get into US, most don't even know what one looks like, so they confuse a entry stamp in the passport as a "visa stamp".
 
Silencewind said:
Hi,

I am a Canadian. I am planning to depart to US soon to start my employment. My TN has been approved by USCIS and I received the I-797B notice. Since it's the first time I am doing TN, I have a few questions, will be greatly appreciate if anyone can help to answer:

1. With the approval from USCIS, what is the *necessary* documents should I present to PoE? I know I-797B and Canadian passport for sure. The question is do I need to present the offer letter/resume/education documents for they to review again? or I-797B should be sufficient enough?

2. In my I-797B notice, it said "Consulate notified: VANCOUVER", does it mean I will need to enter via Vancouver PoE? Or can I enter any PoE as convenient?

3. My wife will accompany with me for a few weeks, then she will return to Canada to work and visit me from time to time. Is it better to apply B1 for her instead of TD (She is Canadian)?

4. Do I need to complete Form AR-11 change of address, once I enter the U.S?

Thanks in advance!
Click to expand...
Hi, Since It's an old post I am not sure if any of you are still active. Trying my luck. I have the same question as #2. My i-797B has Port of Entry 'Toronto'. I am planning to drive to another POE. How was your experience?
Thanks
 
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