i94 renew at POE. How early can I renew ?

N

Nisusavi

New Member
Hi All,
I am currently on my TN with an expiry date of May 27, 2021. My employer is applying for a renewal soon and will likely have the approval in a month's time. I am planning to go to POE for other reasons in December and I was wondering if I can renew my i94 with the new expiry date for me and my family, if I happen to have my TN renewal approved before that. Is there a minimum on how early the i94 can be renewed ? Thanks for your time and help.
 
In normal times, 5 months before expiry, with no change in employment, POE renewal would not be possible; 4 weeks ahead maybe.
But these are not normal times. you would best consult with the POE you plan to approach.

Alternatively, you could extend your TN by mail, using I-129, which can be applied for upto 6 months ahead of expiry.
 
Hi Nelsona, I guess I did not explain myself clearly. I figured the answer to part of my question. My employer applying for my TN renewal will get me a new i94 on the latest i797a (Under premium processing). Once I receive my i797a, I was going to take my family and get them their new i94 at the border in San Diego. Can I use my latest TN approval/i94 and get them a new i94 or do I have to wait some time (90 days before expiry or something) before they can get their new i94?
 
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Yeah, you said to renew YOUR I-94. If your firm is filing, YOU will get your new I-94 by mail, as you corrected, with a new expiry date and will not be renewed at the border.

Your dependents can go and get the their new I-94s in TD status anytime they want, with proof of your TN and proof of relationship. It *might* be limited to 3 years from the day they cross, or the remaining time on their passports, rather than the full expiry date of your TN extension (which should be May 2024), but that shouldn't worry you unless their passports are near expiry. They are of course in legal status until their current TD's expire.

Your spouse of course, based on your other thread, will need to go before her 60 grace-period on loss of TN ends.

Any reason why your firm is not also applying for your dependent's TDs with I-539 at the time they file your I-129? This is normally done as a professional courtesy for a highly-valued employee. This would avoid them having to go to border at all during these difficult times.
 
Thanks Nelsona for your assistance. You had guided me 2 years back on tax related questions when I first moved from Canada to US on TN. Sincerely appreciate you helping us all out. I am in discussions with my employer and attorney on how best to handle dependent i94. My i129 will be filed as premium processing. However, there is no Premium processing for i539 and we need to get our i94 renewed before I can schedule our immigration interviews. So my plan is to go to the border and get their i94 instead of waiting 6 or 9 months for i539 to be processed.
 
What are "immigration interviews"? The filing of I-539 will take time, but, in the meantime they are covered by simply filing , and can still get I-94 at border at some future date when more convenient. I know of no reason that you "need" to get an actual I-94 urgently.
 
Hi Nelsona, I got my i526 approved (investor category immigrant application) and waiting to submit my DS-260 for consulate processing for immigration. Since TN is a non dual intent, I want to get it approved first and get the i94 renewed for the family as well just to be on the safe side. I have personal reasons to not do an AOS. At this time during covid, I do not know how long will it take for NVC to schedule my immigration interview at Montreal. My best guess is 3 - 6 months or longer. So I want to ensure that the i94 will have sufficient expiry date. I now understand that I will be able to get new i94 anytime at the border for my family once my TN is renewed. Thanks for your help.
 
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