Mexican TN Visa Holder with a new I-94 from CBP with B2 class of admission

luix333

luix333

New Member
Hi, I'd appreciate any help I can get. Below is a list of facts related to my case and a timeline of my circumstances:

*Mexican national
*Currently holding a B2 visitors visa (expiration date on 2029)

*2021-FEB: TN Visa was approved with I-94
*2021-OCT: Changed employers and got an I-797 (expiration date 10/03/2024) with name of new employer and new I-94 (expiration date 10/13/2024)
*2024-FEB: Scheduled interview at US Embassy in Mexico to get a new TN Visa (scheduled for SEP 2024)
*2024-JUN: had to travel overseas for work. On my way back to the US, I was admitted back into the US with my B2 visa (not my TN visa since it was expired and I didn't know I wasn't going to be able to enter the US under TN Status)
**I was issued a new I-94 by the CBP stating my Class of admission as B2
**I still have my I-797 and previous I-94

My question is, am I allowed to go back to work while I wait for my upcoming TN Visa interview in the US Embassy? If so, how can I defend this if asked. If not, what should I do?
 
Another question: would traveling to Mexico and then back to the US change my class of admission back to TN? Would I even be allowed back into the US under the Automatic Visa revalidation?
 
No. You cannot work as you are in B2 status. The officer did nothing wrong -- you could not have been admitted into TN status since you didn't have a valid TN visa, so B2 status was the only option.

To go into TN status, you must either:
1. Have your employer file I-129 again for Change of Status into TN status, or
2. Get a TN visa at a US consulate abroad and enter the US with that TN visa.
 
As for AVR, you no longer have a "valid" I-94 in TN status, as your I-94 was superseded by the one issued in B2 status. As newacct stated, the officer acted properly in not admitting you on TN, and was generous in allowing you B2 entry (if presumably you don't still have a foreign home).
 
Hmm, did you ask to be admitted on Automatic Revalidation at the time of your entry? Maybe you could try contacting a CBP deferred inspection office and see if they can retroactively change your B2 entry to be a TN entry on Automatic Revalidation, since you met the requirements to be admitted on Automatic Revalidation at the time of your entry.
 
Hi, thanks for both your answers.

newacct said:
Hmm, did you ask to be admitted on Automatic Revalidation at the time of your entry? Maybe you could try contacting a CBP deferred inspection office and see if they can retroactively change your B2 entry to be a TN entry on Automatic Revalidation, since you met the requirements to be admitted on Automatic Revalidation at the time of your entry.
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The reason I wasn't allowed into the US as TN on AVR is because one of the requirements is to be coming from either Mexico or Canada. That's why I was asking if going out to Mexico and coming back to the US would make me eligible for AVR with TN status.
 
luix333 mentioned he was coming from "overseas" which meant not Canada/Mexico, so AVR was not possible. Now they don't have a valid TN I-94 so can't use AVR to enter as a TN.
 
Thanks for your insight. It might not be worth mentioning it, but my previous I-94 was issued by the USCIS and not the CBP. Thus, it never showed up online on the CBP online portal. I wasn't unsure if the I-94 forms are per visa or per individual.

Having said that, do you agree these are my only options:
1. Not go back to work until my new TN visa gets approved
2. Asking my employer to submit an I-129 for Change of Status into TN (I'm not familiar with this process. Do you know what requirement would I need to meet to qualify for this option?)
 
1. have you applied at a consulate for a new visa? This takes time and requires that you leave US at some point.
2. If you got a TN before, and are applying for the same job, you meet the requirements. Your employer has done this before for you, so they are familiar with the process. Mention that by doing Premium Processing you could have your new TN is a couple of weeks.
 
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