Passport expiry prior to i-797B expiry

bibi_c

New Member
Hi all,

My TN petition was approved by USCIS and I received the original I-797B form in the mail today. Unfortunately, I noticed that the expiry date on my I-797B form is well after my passport expiration.


As a result, I want to renew my passport before entering the US with my TN status. However, I wanted to understand if my approval from USCIS is linked to my (expiring) passport. Will I have issues at the border if I present a new passport with the I-797B form?
 
Whether you get your TN at the border or, like you, by I-129, the validity of the TN is the same, and neither is linked to your passport. The difference is that the I-94 issued at the border would have an expiry date coinciding with your passport. The I-94 issued by USCIS doesn't care about passport expiry.

You say that you want to renew your passport before entering on TN. Does that mean you were not living in US at the time of filing I-129? If so, you don't have an I-94 yet. Is that the case?
 
Whether you get your TN at the border or, like you, by I-129, the validity of the TN is the same, and neither is linked to your passport. The difference is that the I-94 issued at the border would have an expiry date coinciding with your passport. The I-94 issued by USCIS doesn't care about passport expiry.

You say that you want to renew your passport before entering on TN. Does that mean you were not living in US at the time of filing I-129? If so, you don't have an I-94 yet. Is that the case?
@nelsona
Yes you're absolutely correct, I don't have an I-94 yet.

I do have an approved I-797B form, but I still need to obtain the I-94 when I enter the US. I am planning on entering with a new passport (since my old one expires 1.5 years before the TN expiry given by USCIS on the I-797 form). However, I wasn't sure if the I-797 form is linked to my passport.

Additionally, will having an approved I-797B make obtaining the TN status much easier, since the petition was "approved" by USCIS?
 
As I said, your TH is "good" for three years. I wouldn't wait to go to the border just to get a new passport (if it takes some time) since it is very simple to get the I-94 extended later, when you do get the passport. But if you are willing to pay the expedited fee, go ahead.
 
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