That's what I thought. I called the port of entry shortly after my wife left and spoke to one of the officers who delt with my wife. The officer told me that they did consult their supervisor and that's the answer they got from their supervisor. They need to see me there and give me a new I-94. I will go to the border with my wife tomorrow or something to get this done. Hopefully, it'll go well.
TD Application Jeopardizing TN
- Thread starter superjk
- Start date
My wife and I went to the border today, same POE as before. The CBP officer there insisted that I should have brought the entire original I-797 to the POE to have them activate it. I argued with them without any success. However, after giving me so much hassel, the CBP officer finally adjudicated my TN and my wife's TD. He issued me a new TN I-94 card with the expiration date of July 10th, 2012 and issued my wife a new TD I-94 card with the same expiration date as mine. The expiration date is 8 days earlier than what the I-797 states. I did not dispute that since I was so beat up by them. I had to pay $6 for my TN and $6 for my wife's TD. They also told me to follow CBP's instruction next time I do this.
Based on our experience, it seems the I-94 that came with the I-797 is not the same as the I-94 that CBP issues. CBP insisted that I need to activate the I-797 and get a new I-94 from CBP. This is really confusing to me. I thought once my mail-in TN is approved, I do not have to go to the border to activate it. I can stay in US during the validity of my approved TN without going to the border. It's just so frustrating that two government branches are not consistent with each other, and there is not much we, as foreigners, can do about it.
Based on our experience, it seems the I-94 that came with the I-797 is not the same as the I-94 that CBP issues. CBP insisted that I need to activate the I-797 and get a new I-94 from CBP. This is really confusing to me. I thought once my mail-in TN is approved, I do not have to go to the border to activate it. I can stay in US during the validity of my approved TN without going to the border. It's just so frustrating that two government branches are not consistent with each other, and there is not much we, as foreigners, can do about it.
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TheRealCanadian
Volunteer Moderator
You have drawn an incorrect conclusion. Based on your experience, it seems that the CBP officers at your local POE are idiots and don't know what they're doing. I'm surprised you put your fate in their hands.
This POE is one of the busiest POEs on US/Canada border. Most of people in Vancouver area get their TNs in that POE. I got two TNs and my wife got her last TD from there in the past. If the CBPs at that POE don't know what they are doing, how do I know if the CBPs at other POEs know what they are doing. As TNers, our lives are always at their hands, better not to piss them off even though we knew they were wrong.
Superjk’s experience is most concerning, so I looked at my copy of the I-797 Approval that my employer received, and this is what is stated on the front:
“The above petition and extension of stay have been approved. The status of the named foreign worker(s) in this classification is valid as indicated above. The foreign worker(s) can work for the petitioner, but only as detailed in the petition and for the period authorized. Any change in employment requires a new petition. Since this employment authorization stems from the filing of this petition, separate employment authorization documentation is not required. Please contact the IRS with any questions about tax withholding.
The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or she should keep the right part with his or her Form I-94, Arrival-Departure Record. This part plus the I-94 should be turned in when departing the U. S. if he or she will not be returning in the classification during the above validity period. The left part is for his or her records. He or she should present it, along with any other required documentation, when applying for reentry as a TN at a port of entry or pre-flight inspection station.
The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status.
THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF A VISA.”
The second paragraph would certainly indicate that it is acceptable to detach the I-94 from the I-797, in fact the employer is instructed to do so; however, the 3rd paragraph is quite confusing. Are we to go to the border after we receive approval, only to have our petition revaluated again? Does this mean that if we haven’t obtained a TN from the CBP that the one attached to the I-797 is meaningless, and that anyone who finds themselves in this situation is out of status?
“The above petition and extension of stay have been approved. The status of the named foreign worker(s) in this classification is valid as indicated above. The foreign worker(s) can work for the petitioner, but only as detailed in the petition and for the period authorized. Any change in employment requires a new petition. Since this employment authorization stems from the filing of this petition, separate employment authorization documentation is not required. Please contact the IRS with any questions about tax withholding.
The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or she should keep the right part with his or her Form I-94, Arrival-Departure Record. This part plus the I-94 should be turned in when departing the U. S. if he or she will not be returning in the classification during the above validity period. The left part is for his or her records. He or she should present it, along with any other required documentation, when applying for reentry as a TN at a port of entry or pre-flight inspection station.
The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status.
THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF A VISA.”
The second paragraph would certainly indicate that it is acceptable to detach the I-94 from the I-797, in fact the employer is instructed to do so; however, the 3rd paragraph is quite confusing. Are we to go to the border after we receive approval, only to have our petition revaluated again? Does this mean that if we haven’t obtained a TN from the CBP that the one attached to the I-797 is meaningless, and that anyone who finds themselves in this situation is out of status?
nelsona
Registered Users (C)
No, it simply means that admissability (which refers to other aspects that simply work authorization) will, as with every entry by a non-immigrant status holder, is subject to CBP inspection and -- in the case of non-Cdns -- state department visa issuance.
If its any comfort to you, the same wording appears on i-797s for H1 status, over which the CBP has absolutely no role in adjudicating.
If its any comfort to you, the same wording appears on i-797s for H1 status, over which the CBP has absolutely no role in adjudicating.
Since the TN I-94 issued to me by CBP has a different expiration date as the I-797 states, when my wife goes to the US consulate to apply for her TD visa stamp, should she just show the consular my and her I-94s from CBP or should she show them the I-797 as well and explain to the consular why the expiration date is different from each other?
Any crossing under the Seattle USCBP district jurisdiction is acting this way for at least a year probably longer.
I have no idea who the new "sheriff" is for this district but they've given EVERY USCBP officer from Blaine to Nighthawk on the US side orders or guidence that apparently allows them to intimidate anyone coming into the US regardless of the reason.
I've come to expect being pulled into secondary inspection EVERY visit to the US and so far, in 6 crossing attempts, 4 successful, 2 not successful, my expectation has been met.
Being honest with these A-holes does not help at all.
Alta Al, even though that is a legal US govt. document it doesn't hold 1 onuce of water at the WA/BC US POE's.
I have no idea who the new "sheriff" is for this district but they've given EVERY USCBP officer from Blaine to Nighthawk on the US side orders or guidence that apparently allows them to intimidate anyone coming into the US regardless of the reason.
I've come to expect being pulled into secondary inspection EVERY visit to the US and so far, in 6 crossing attempts, 4 successful, 2 not successful, my expectation has been met.
Being honest with these A-holes does not help at all.
Alta Al, even though that is a legal US govt. document it doesn't hold 1 onuce of water at the WA/BC US POE's.
nelsona
Registered Users (C)
Yes