going to Canada with pending I 129

S

sarabrown

New Member
I had my employer file an I 129 for me which is not scheduled to be approved until September according to the USCIS web site. My last TN expired June 24th. A family member has passed away and I am going home in 2 weeks for a service. I imagine I will need to reapply for a new visa at the border as my pending visa is considered void?

Also, I have the option of flying into Maine and renting a car and crossing the border both ways OR to fly into and out of Canada ( much easier and cheaper for some reason). I am worried that if I drive to the border and then have to turn around and fly back out of Canada, this could cause problems. This will be my 3rd renewal and I have never had any problems in Calais.

Any toughts woud be appreciated.
 
I am in the same situation. I leave for Vancouver on 08/01..I have decided to take an entire NEW set of docs and apply for a new visa. I have my I-797C but I believe that since I leave the US, the file is considered abandoned. :(
 
Since you filed the I-129 before your TN expired, you are in legal status while you remain in the US for 240 days after your TN expired.

If you leave the US, prior to your I-129 getting approved, then you'll lose this priviledge. If your TN has not been approved by the time you need to reenter the US, then when you re-enter the US, you'll need to apply for a new TN at the POE, regardless of whether you reenter at a land POE, or a PFI at the airport. Otherwise , if you enter the US without applying for TN status, then you'll be defacto admited in B2 visitor status, and you will not be able to work legally, so this is not recommended, whether via Maine, or any other border.
 
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