TN + I-94 Question

A

arun_2681

Registered Users (C)
Hi,

I will be grateful if anyone can answer my following questions:

1) If a Canadian citizen working on valid TN status in US visits India for a 3 week vacation, does he/she have to get a consular visa stamped on his/her Canadian passport similar to H1B visa stamped by US Consulate in India before he/she re-enters the US.

2) I have obtained a new TN by mail-in-application within US. The I-797A TN approval notice indicates that “….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 same 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.”

Does this mean that he or she should not turn in the white I-94 card plus the subsequent I-94s contained in I-797As while departing the US for India unless he or she plans to re-enter the US in another visa status such as L1 or H1B?

Despite this clause, in case he or she turns in the white I-94 card plus the subsequent I-94s contained in I-797As at the time of departure, will he or she be able to get a new white I-94 while re-entering the US after a visit to India?


Thanks and regards,

arun_2681
 
arun_2681 said:
Hi,

1) If a Canadian citizen working on valid TN status in US visits India for a 3 week vacation, does he/she have to get a consular visa stamped on his/her Canadian passport similar to H1B visa stamped by US Consulate in India before he/she re-enters the US.
Click to expand...

-- No. Your valid TN (I-94) is good enough for re-entering the United States. You do not require consular visa.

2) I have obtained a new TN by mail-in-application within US. The I-797A TN approval notice indicates that “….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 same 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.”

Does this mean that he or she should not turn in the white I-94 card plus the subsequent I-94s contained in I-797As while departing the US for India unless he or she plans to re-enter the US in another visa status such as L1 or H1B?
Click to expand...

-- I always used to keep my TN (I-94) separate from my passport (to keep it away from the reach of the airline official) and used the same I-94 to come back to the US. Only once they asked me to fill a new I-94 - and that was done without any hassle.

Despite this clause, in case he or she turns in the white I-94 card plus the subsequent I-94s contained in I-797As at the time of departure, will he or she be able to get a new white I-94 while re-entering the US after a visit to India?
Click to expand...

-- Some people prefer to turn it in - to the airline official. In that case, make sure that you always have the copies of your I-94 (in case you are required to prove your status) and also the proof of your employment/TN letter so that the new TN can be issued to you at the U.S. POE.
 
Hi Nelsona,
I will be grateful if you could please share your view on the I-94 part of the question?
Thanks,
 
Hi Bigboy,
1)When you say in the previous post that you traveled in and out of US, did you mean your destination outside the US was Canada or within the North American continent? Could the I-94 rule be different i.e. do we have to turn in the I-94 while departing the US to outside the North American continent?

2)While returning back to the US, can I enter through any POE or airport whether it has a TN officer or not because I already have valid existing TN status? Or do I need to enter through a TN specific POE?

Thanks,
 
The keeping or handing back of I-94 is irrelevant to you keeping status. There is a difference if you are staying in N America or going overseas, but who cares? Have a copy of your I-94 apart from your passport ay all times, and you won't care either.

You can re-enter on valid TN at any PFI/POE.
 
arun_2681 said:
Hi Bigboy,
1)When you say in the previous post that you traveled in and out of US, did you mean your destination outside the US was Canada or within the North American continent? Could the I-94 rule be different i.e. do we have to turn in the I-94 while departing the US to outside the North American continent?
Click to expand...

I have traveled out of north american continent as well as across the border to Canada.

The rules are mentioned on the I-94 regarding how to hand it over.
 
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