Status after extension approved

[gabrielnava]

Hi

I'm Mexican and currently under TN status. My visa and I94 expires on Nov 5th, 2008. My company filed I129 for me and I539 for my wife and son on September 25, 2008.

Times at VSC as of August 31 are: processing June for I129-TN and processing January for I539-TN. The lawyer says I539 for my wife and son will be processed with mine and not subject to I539 main timeline. Is this true?

I'm planning to visit Mexico next March, so, I don't think we'll have any problem with the times if they process both petitions together.

As I understand, once I129 petition is approved, I'll receive a new I94 and I can use it to re-enter to the USA with no new TN visa stamp in my passport.

Last week I had an interview with the lawyers, and they told me that I129 approval only grants me the right to stay in the country after my TN visa has expired, and even it's approved, I'll need to go to the US embassy in Mexico City to get a new stamp before reenter to the USA.

I'm confused on this:
- will I need a new stamp in my passport to reenter to the USA even my I129 was approved, or
- the I797 / I94 forms are sufficient to keep going in and out the country?
- does "Autimatic Revalidation" applies because traveling to a contiguous country?

By the way, we won't travel outside the US before approval to avoid any problem.

Thanks

Gabriel

 

[nelsona]

Since you have a visa, you will be granted entry using AVR (automatic visa revalidation) since you are staying within North America and outside US for less than 30 days.

The I-94 you will recieve with the aproval notice is perfectly valid. however most CBP officers will request that you write up a new one the first time you enter on it.

 

[gabrielnava]

So, I won't need to go for a new visa stamp at US Embassy, since new I94 is enough to get accepted into the country again.

If I do AVR, will I get a new visa stamp at POE? Any airport is OK for this?

Thanks

Gabriel

 

[nelsona]

So, I won't need to go for a new visa stamp at US Embassy, since new I94 is enough to get accepted into the country again.

To be precise, you don't need to go to the embassy IF you leave US for less than 30 days and you visit only North american/caribean countries. The I-797 approval is what gets you accepted back into the country. As you mentionned earlier, you won't be travelling soon, since after 11/5 expiry of your current TN, you will not be able to re-enter US until you get your I-129 approval.

If I do AVR, will I get a new visa stamp at POE? Any airport is OK for this?

They will not touch your visa. They will merely let you enter on it. You would stillface the same situation next time you left US.

Any POE can admit you thru AVR with your old visa and new I-797 .

And, as you asked earlier, it is not always the case that I-539s are processed with the I-129, but generally that is true.

 

[gabrielnava]

Mi I129 has just been approved. Petitions for my wife and were approved as well.

I'll travel to Mexico on February 14. My Company's lawyers say I need to get a new Visa at Mexico City Embassy, instead of just ask for AVR at POE. So, I'll go to the Embassy for a new Visa with the advantage of getting a new one for 3 years, instead of the remaining time of the extension of stay.

Should I surrender my origina I94 and the updated one when leaving the country? Notice of Action says I should present left part of the lower portion when applying for a new visa. As I understand, new i94 us the right part.

What should I do?

Thanks

Gabriel

 

[nelsona]

Since you are going to mexico, you can get your visa. Be assured however that you are not obliged to do so, since AVR will work quite well. And getting the new visa doesn't add anything to your status or entry rights.

I would keep the I-797 approval notice intact until you get to the embassy. Certainly giving your old I-94 on the way out is acceptable.

It does allow you to not have to worry about it anymore for 3 years.

i certainly wouldn't be making any special trips to get thsi visa, for you or family, though.

 

[gabrielnava]

Hi

This is the mail I wrote to the TN Visas Officer at the Embassy, and the answer I got:

----
To: Mexico City, TNVisas
Subject: TN visa renewal question

Hi

I'm currently working in the US under TN. My employer submited a I129 petition last September (I539 for my wife and son) and I'm still waiting for its approval. We have plans to travel to Mexico for 2 weeks starting the last week of February. I think I won't have any problem getting my I129 and I797approved before my trip.

If I get I129 and I797 approved on time and travel to Mexico for 2 weeks, do we need to go to the US Embassy in Mexico City to renew my visa stamp (expired last Nov 5th) before reentry or we can reentry to the US with the extended I94 and I797 and ask for "Automatic Visa Revalidation" at port of entry (not leaving North America, being outside the US for less than 30 days -
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html) ?

----
de: Mexico City, TNVisas <MexicoCityTNVisas@state.gov>
asunto: RE: TN visa renewal question
enviado por: state.gov

In response to your question:

Yes, you do need to renew your visa in Mexico City after you leave the United States. You must have a new, valid visa to re-enter the U.S. in TN / TD status.

Sincerely,
TN Visas Officer
----

Anyway, this is not a special trip for the visa renewal. It's a family trip and we´ll renew our visa once being there to avoid any misunderstanding. It seems that they don't have clear what the procedures are.

Thanks Nelsona for your help.

Gabriel

 

[nelsona]

AVR (Automatic Visa Renewal) is the process you would use to re-enter US without geoing to Consulate.

This process is controlled by CBP and not the state depeartment (which runs embassies).

My previous response stands, which was "Since you are going to mexico, you can get your visa....i certainly wouldn't be making any special trips to get thsi visa, for you or family, though."