I’m Canadian and work on TN visa. I got my i-797b approval notice from Vermont center but for to get i94 needs go to port of entry and re-enter to US. How many percent chance do I have to get new TN visa( I-94) ? And which port of entry do you guess is easier? Buffalo , Blaine , Tijuana or somewhere else? My wife (she’s not Canadian citizen) also needs to get new TD visa, does she need to come with me to there or I can get it?
How many percent chance do I have to get new TN visa( I-94) ? And which port of entry do you guess is easier ?
- Thread starter Faranefr
- Start date
CalGreenCard
Registered Users (C)
Answering this question accurately will depend partly on the reasons why some of the circumstances you describe are as they are.
Ordinarily a trip to the border would not be required immediately because the employer and their lawyer would have requested a change of status or extension of status. The new I-94 would then be attached to the I-797. Did your employer not do so and is there a reason they didn't do so? Ordinarily the chance of being readmitted successfully with an approved I-797 would be close to 100%. However, if there is a known red flag which is causing you to ask the question, then it would be necessary to know that reason is. People with an approved TN petition rarely if ever feel the need to "port of entry shop" in as disparate locations as Buffalo and Tijuana (almost opposite corners of the country). This suggests a greater than usual level of concern. What is the concern?
As for your wife, you and she can file for an extension of her TD status using Form I-539 after you get your new I-94. If she accompanies you to the border she would also qualify for automatic visa revalidation. However if she applies for a new visa at a US consulate she won't qualify for automatic visa revalidation.
All of this should be fairly routine after the I-797 is approved. Is there a reason why you don't think it will be routine?
nelsona
Registered Users (C)
Just to clarify for your spouse. she would only qualify for Automatic Visa Revalidation if she submitted an I-539, and it was approved. But at that point of course, she would have her I-94 attached, and would not need to go to any border, But if she leaves US without a valid I-94, she would need to go to a Consulate to first get visa, before re-entering on TD status.