TN and B-2 applications crossing

[nyccanadian]

The border trip is probably the safest course, but you ABSOLUTELY want a new I-94 if you do so; it can have the same expiration date, but the I-94 itself needs to be dated after the B-2 denial. Otherwise you have no practical proof you left the US and re-entered.

Yeah sounds like it's either doing nothing or re-entering. I guess leaving and coming back wouldn't do any harm and would be the safest.

How do i make sure that I get a new I-94? If the airline doesn't require that I surrender it at check-in, can i take it off the passport myself? You guys think I should just volunteer the explanation at the border?

Thanks again for all your advice, it would have been that much more stressful without this forum.

 

[nelsona]

I would mention it, and even ask for a new I-94.

That was my suggestion days ago.

 

[nelsona]

That's the core question here - is a COS automatically abandoned if the alien beneficiary departs the US after filing but prior to adjudication? I believe yes:

I believe that any COS approved after leaving US is subject to future reversal, and should not be relied on. That is why nyc would have a case forhaving CIS withdraw the adjudication of the B2. But to say that it is automatically voided is clearly not the case, as we have seen. So, until the next action is taken, he is in "no status".

Again, it would be the last action taken that would be the current one, be it approval, denial, reversal, admittance, re-adjudication, etc.