I-797C, notice of receipt, TN Status, and travel

M

MYMJB

New Member
My US employer submitted a I-129 to extend my current TN visa. We received the I-797, notice of receipt which will allow me to work for 240 more days while the application is being reviewed. I need to travel to Canada and I'm concerned about re-entry into the US. Does my employer need to withdraw the I-129 application and let me apply at the POE? Or can I just show the documentation (e.g., I-797 notice of receipt, copies of letters, degree, etc.) at the POE. My current TN is now expired.

Thanks
 
The grace period only applies (a) after your current TN expires, and (b) ONLY if you remain in US.

If you leave US and attempt to re-enter after TN expires, but before I-129 is approved, you MUST apply for TN at the border. No grace period.
So, in yoru case, the I-129 was merely to keep you in status whiler waiting within US. If you leave You will need to apply for new TN at border, and then cancel the I-129 application after you re-enter (since you do not want to risk it being denied) which would override your border TN.
 
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