Renewing TN at POE with a pending case

I

ips356

New Member
Hi!

I am a Canadian citizen working in the US and am working under TN status. My employer applied to extended my visa earlier last month and there is a current pending petition with USCIS. My previous TN visa expired earlier this month so I’m still eligible to work under the 240 day rule.

Recently something personal came up and I need to travel back to Canada for a short while. I suggested that I could leave and reapply for the TN at the point of entry but my employer says it’s risky given my TN is expired and they may give me problems renewing my visa at the point of entry if I have a current pending case. Is this true and is there any source online that I can read up on this?

Thank you!
 
It is not a problem. You should bring proof that you submitted I-129, but in order to re-enter you will need to get your TN at the border, with all required documentation. Of course, if your I-129 gets approved while out of the country, you simply ask CBP to verify and issue you new I-94. Leaving the country while I-129 is in process does NOT make it abandoned.

If you I-129 was not yet adjudicated by USCIS, immediately cancel the I-129 upon return to US, to avoid possible rejection later, putting you out of status.
 
nelsona said:
It is not a problem. You should bring proof that you submitted I-129, but in order to re-enter you will need to get your TN at the border, with all required documentation. Of course, if your I-129 gets approved while out of the country, you simply ask CBP to verify and issue you new I-94. Leaving the country while I-129 is in process does NOT make it abandoned.

If you I-129 was not yet adjudicated by USCIS, immediately cancel the I-129 upon return to US, to avoid possible rejection later, putting you out of status.
Click to expand...
Thank you! And should I cancel the current pending I-129 before or after getting my TN at the border?
 
You must log in or register to reply here.
Top