Question about TN visa extension

R

robertin75

New Member
Hello:

I am a mexican citizen working as a Software Engineer in the USA under the TN visa (first time) which will expire on January 24, 2012.

My employer already applied for an extension via mail to the USCIS in Vermont and we already got the Notification of Action (I-797).

Anyone knows how long does it takes to get an answer?

Is it necessary to go to the border and apply for another TN visa at the consulate? One of the main reasons that my employer requested an extension was for me to avoid all the hassle that has to be done on the consulate (interviews, appointments, etc.).

Will it be impossible for me to go to México and then return to the USA if I don't have another TN visa in the following scenarios:

1) If I only have the I-797 or
2) If I get the approval (I think is I-696 or something like that).

Thanks and help is greatly appreciated,
Roberto
 
Is your I-797 an notice of receipt ofr notice of action. theuy would both have the same number. If it is action, then your TN would be approved.

I'll asume it is simply the notice of receipt.

In such a case, you don't yet have a new TN, so leaving US would mean having to get BOTH a new TN and a visa.

Once you do get approval, you don't need another tN approval, but you will need a new visa if you leave the country, especially if you g oto Mexico. Mexicans cannot re-eneter US from mexico or anywhere else outside N America on an expired visa, regardless of approval status.
 
nelsona said:
Is your I-797 an notice of receipt ofr notice of action. theuy would both have the same number. If it is action, then your TN would be approved.

I'll asume it is simply the notice of receipt.

In such a case, you don't yet have a new TN, so leaving US would mean having to get BOTH a new TN and a visa.

Once you do get approval, you don't need another tN approval, but you will need a new visa if you leave the country, especially if you g oto Mexico. Mexicans cannot re-eneter US from mexico or anywhere else outside N America on an expired visa, regardless of approval status.
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Actually the form says "I-797C, Notice of Action" and there is a section called "Notice type" which says Receipt Notice, Amount received $325.00 USD, Class requested: TN2.

I don't think this is considered a TN visa approval notification as I have not received the renewed I-94. My current I-94 would expire on the same date of the TN visa which is January 24, 2012.

Are you sure about the re-entering into the USA with an expired visa issue?

Aren't you mixing some terms? You mention TN and visa. Are you referring to the same thing or did you mean TN and passport?

My Mexican passport doesn't expires until 2020.

It was my understanding that when you get the approval for the TN visa extension you don't necessarily need an unexpired TN visa to get out and in to the USA.

For us Mexicans the TN visa is usually stamped in our passports.

Thanks for your help
 
"I don't think this is considered a TN visa approval notification as I have not received the renewed I-94."

That is correct. You do not yet have approval.

"Are you sure about the re-entering into the USA with an expired visa issue?"

Positive. No one can normally enter US on an expired visa. However, under a sysytem called AVR, those with approved statuses can re-enter US on an expired visa, as long as they have only visited north america, and for less than 30 days. One unfortunate exception to this is mexicans returning to US from Mexico. They MUST renew their visa before returning.

"Aren't you mixing some terms? You mention TN and visa. Are you referring to the same thing or did you mean TN and passport?"

Not at all, I said nothing of your passport. TN is a work status. That is represented by an I-94. Your consular visa (usually stamped in your passport as you say) allows you to enter US in that TN status. When entering US, mexicans need BOTH. When in US, they only need status to be valid.

"It was my understanding that when you get the approval for the TN visa extension you don't necessarily need an unexpired TN visa to get out and in to the USA."

That is true for Canadians, and Mexicans returning from a North American country other than Mexico, as I already explained.

You are free to stay in US as long as you have TN status. In fact, becuase you requested renewal in a timely fashion, you have unti l240 days after expiry to get the I-129 approval. But, once you leave the country, you will need to have -- in hand -- nboth the TN approval, and the TN consular visa stamp.
 
Good morning Roberto.

You can trust Nelsona on this one, he will give you the best advice you can get on this Forums. As far as your doubts, your I797 it's just a proof for you where they're telling you nothing but a confirmation of receipt on your paperwork and it does include a case # (EAC-xx-xxx-xxxxx) which you can use on this link to keep track of it's status:

https://egov.uscis.gov/cris/Dashboard.do

Having clear this out, you are on pending status, as Nelsona just said, you don't need to leave the country after your current TN expires as you are covered by your pending status. You do have 240 days after your TN expires to get an answer and you'll still be fine so you can just wait for it. Depending on when you sent your paperwork, it's been taking about 6 months to get mail in approvals. I was on pending status for 5 months after my Visa expired 'til I've got an approved I94 on the mail.

There is a difference between a TN Visa and a TN Status, Canadians on the US under TN don't get a visa, they get TN status through their I94s, We Mexicans on the other hand, need an approved CONSULAR VISA on hand in order to get this TN status I94 when we get to the country. I wouldn't go out the country yet unless you need it but again as Nelsona just told you, if you leave the country you'll need to get a new TN Consular visa, this is the stamp on your passport. We Mexicans need to have this stamp in order to request TN status (I94) at the border/airport, and can't be admitted in the US without a Visa.

Think about this, when you get a B1/B2 visa (border crossing card), you can't cross into the US further than the border area (I believe it's 25 miles in from the border), if you need to go further than this, you have to actually request a 6 months valid I94 on B1/B2 status to be admitted, they will actually write down your status on your I94 when they hand it out to you. If you read your B1/B2 card application, you will see that it is clearly stated that the card doesn't grant you to be admitted on the US. Again, this is why you have show more paperwork to the immigration officer proving you are not going to cross the border to stay and that you actually have strong ties to Mexico as to come back. Same way, on a TN visa, if you request TN status, they ask you again for the employer letter to prove again you are being admitted on the correct status.

Once you are on the US, you can request an extension of stay by mail as you just did, but getting it approved doesn't mean you can go in and out the country as you please, you actually need to get another TN Consular Visa Stamp on your passport. As far as I know, if you leave the country while you are still on I797 pending status, you can't come back without a new TN Consular Visa, as you actually dropped off your pending application by leaving the country.

I hope this gives you a better understanding of the procedures, ohh and BTW, I just did all of this during the holidays so my experience on it's less than a month old. Sorry for the long answer but i figure it can help more people on the same boat.

HTH

PS: Check your PM on your account for this forum.
 
Ok after a long talk with my companie's immigration lawyer she told me that I CAN go to México and return to the USA with an expired TN visa stamp as long as my stay is less than 30 days.

Th following is stated on several immigration lawyer's websites. Unfortunately I am not able to posts URL's
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There is, however, one exception to the rule requiring citizens of Mexico to have a valid TN visa stamp in order to travel to the U.S. This exception is known as "visa revalidation" and allows an individual to return to the U.S. despite having an expired visa stamp. A TN visa worker may take advantage of visa revalidation provided he/she:

-Possesses an I-797 form with an I-94 card evidencing an unexpired period of TN status.
-Has only traveled to either Canada or Mexico for a period not exceeding 30 days.
-Has maintained and intends to resume his/her TN nonimmigrant status.
-Is applying for readmission within the authorized period of his/her extension of TN status.
-Did not apply for a new TN visa during his/her visit to Mexico or Canada.
-Does not require a waiver as result of being subject to a ground of inadmissibility.
-Has a valid passport. See 9 FAM 41.112 N8.

If a TN visa worker abides by the conditions above, then he/she should be allowed to depart and return to the U.S. with his/her I-797 extension of status approval form despite having an expired TN visa stamp in his/her passport.

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I think the following is very important as some CBP officers have no clue on this issue:

As some CBP border officers may not be aware of the visa validation provisions, TN visa workers in this scenario should consider traveling with a copy of 9 FAM 41.112 N8 in order to facilitate re-entry to the U.S.

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See ya !!,
Roberto
 
As I expalined , auto visa revalidation does NOT apply to nationals returning from their home country. So a mexican returning from mexico CANNOT use AVR.

Enjoy your longer than expected stay in Mexico.

But do let us know when you get back how it went.
 
nelsona said:
As I expalined , auto visa revalidation does NOT apply to nationals returning from their home country. So a mexican returning from mexico CANNOT use AVR.

Enjoy your longer than expected stay in Mexico.

But do let us know when you get back how it went.
Click to expand...

I have done the AVR and have been crossing the border for more than a year more than 10 times between Mexico and the US with my valid passport, Expired TN Visa and new Valid i-94(3 years). AVR does apply for Mexicans...
 
cguerracast said:
I have done the AVR and have been crossing the border for more than a year more than 10 times between Mexico and the US with my valid passport, Expired TN Visa and new Valid i-94(3 years). AVR does apply for Mexicans...
Click to expand...
Hello, do you cross via land or air? What was your most recent experience?
 
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