TN Renewal Border Denied - Then USCIS I-129 approved, without I-94 - What are next steps

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wkhan3513

New Member
I travel daily into US (live in border town in Canada).

My TN renewal (Engineer) was denied at the border, on account of mismatch between education and the Job Description. Post this, my Employer filed premium and got I-129 approved. As I had exited US before my Visa expired, and took a 2 week vacation from Job. Now got the USCIS I-129 approved, received I-797B notice, which is given for someone outside the US. My question is what should I expect when I am re-entering the US.

A. Will the CBP be pissed that post denial from them, then I approached the USCIS,
B. Do they honour the USCIS approval notice, or will find ways to deny me entry again, or even worse blacklist me in anyway.
C. What documents should I be carrying, should the appearance be planned as extensive as a TN appearance.
D. Should I expect similar questions that I faced at the time of TN renewal at border, although an I-94 SHOULD be a relatively straightforward experience. just wanted to be prepared.

ANY advice is welcome.
 
A. No
B. Yes, of course
C. Bring all related documents from your I-129 submission, but only show them if asked. No, this will not be a TN interview, you are already approved by USCIS, this will just be issuing an I-94
D. No, you are already approved by USCIS, you have I-797B approval notice from USCIS.

I was in a similar experience last year. I was on TN status, my company applied for H1B for me. USCIS issued RFE, my lawyers responded, then they issued Denial of H1B (something about specialty occupation). The lawyers filed MTR (motion to reconsider), then I was approved after 4 months. My lawyer received I-797B approval notice, without I-94 for me or my family. So I had to go to border to "activate" my H1B and obtain I-94 for me and my family. I was nervous as well, but my lawyers assured my that USCIS approved my H1B. I brought all my related documents but was never asked to show them. I just shown the I-797B approval notice and they issued the I-94 and activated my H1B and family H-4.
The difference is your case is for TN approval, mine was H1B approval.

As I understand, USCIS has already decided your case, issued and I-797B approval notice to you so you are fine.
 
Amberleaf said:
A. No
B. Yes, of course
C. Bring all related documents from your I-129 submission, but only show them if asked. No, this will not be a TN interview, you are already approved by USCIS, this will just be issuing an I-94
D. No, you are already approved by USCIS, you have I-797B approval notice from USCIS.

I was in a similar experience last year. I was on TN status, my company applied for H1B for me. USCIS issued RFE, my lawyers responded, then they issued Denial of H1B (something about specialty occupation). The lawyers filed MTR (motion to reconsider), then I was approved after 4 months. My lawyer received I-797B approval notice, without I-94 for me or my family. So I had to go to border to "activate" my H1B and obtain I-94 for me and my family. I was nervous as well, but my lawyers assured my that USCIS approved my H1B. I brought all my related documents but was never asked to show them. I just shown the I-797B approval notice and they issued the I-94 and activated my H1B and family H-4.
The difference is your case is for TN approval, mine was H1B approval.

As I understand, USCIS has already decided your case, issued and I-797B approval notice to you so you are fine.
Click to expand...


Thanks Amberleaf, this puts me at ease. I have also reached out to the Employers Lawyer to ask for advise on the prep work I need to be in. I am not sure, of what they put on the I-129 petition. So that I am prepared for any questions.
 
Just to be accurate, the CBP will indeed review your TN I-129 application, and if they find something they don't like. they will kick it out. And of course, they can always deny you entry on other "admissibility" grounds.
Amber's experience with H1-B at border, a status which cannot be adjudicated at the border -- USCIS has sole jurisdiction over it -- should be taken with a spoonful of salt. TN's can be and are re-adjudicated at the border, regardless if it was CBP or CIS which made the initial approval. we hear of this here all the time.

I wouldn't worry, but it's not an H1-B, and it is not a slam dunk.
 
The key question is what information has changed from your original TN petition (that was denied by CPB at POE) and the new petition (that was approved by USCIS by mail by I-129).
For me, my company and law firm, they did not go into details other than it was related to Specialty Occupation and it was ultimately approved.
Historically an Engineer (any Engineer discipline) with minimum 4 year Engineering degree, and a job description with the word Engineer in it was an easy approval.
Please let us know how it goes at the border. I believe you should not have any issues.
 
No information was changed. Same position, same title, same classification, same employer, same same.... salary same...
Will let know what happens.

One more question - My POE is listed 700 KMs from where I live. Crazy - dont know how it got here
 
I looked at my H1B I-797B approval notice and it lists "POE: Toronto, Canada". I live in Southern California, 4000km away. I think the law firm assumed I was going to visit family in Toronto and "activate" my H1B at YYZ, Toronto Airport, when flying home, that is why Toronto is listed at POE.
I choose to "activate" my H1B at San Ysidro, California, Port of Entry. I did not have plans to travel to YYZ and my company would not pay my airfare.
I understand you can activate you TN at any POE with your I-797 approval notice. They will issue a new I-94 with new expiry date to match the approval notice expiry (or passport expiry, which ever is sooner).
 
The lawyers had to put some POE, they likely don't know where Canada is, never mind Toronto.
You can go to any POE.
 
Thank folks for the advises. I opted for the Toronto Pearson to fly in, rather than land border. Mainly because the Toronto Pearson you dont have to go into secondary for getting an I-94, whereas at the land border, its secondary by default, as they issue paper I-94.
Update: Flew in to the US from YYZ, only a few standard questions and I-129 was not reviewed, only some questions asked. Got stamp in passport for the next 3 years. Will be waiting for the I-94 to be updated online, as they didn't give me paper I-94, before travels.
 
great news that you were admitted for three years with a new TN.
sad news that your initial request for TN was denied, it goes to show that it should not have been denied in the first place.
i understand CBP and USCIS are trying to reduce fraud and marginal petitions, but they should not have put the original poster through a lot of unnecessary stress and uncertainty.
 
wkhan3513 said:
I travel daily into US (live in border town in Canada).

My TN renewal (Engineer) was denied at the border, on account of mismatch between education and the Job Description. Post this, my Employer filed premium and got I-129 approved. As I had exited US before my Visa expired, and took a 2 week vacation from Job. Now got the USCIS I-129 approved, received I-797B notice, which is given for someone outside the US. My question is what should I expect when I am re-entering the US.

A. Will the CBP be pissed that post denial from them, then I approached the USCIS,
B. Do they honour the USCIS approval notice, or will find ways to deny me entry again, or even worse blacklist me in anyway.
C. What documents should I be carrying, should the appearance be planned as extensive as a TN appearance.
D. Should I expect similar questions that I faced at the time of TN renewal at border, although an I-94 SHOULD be a relatively straightforward experience. just wanted to be prepared.

ANY advice is welcome.
Click to expand...
Hey just curious to know, did you mention or addressed in your I-129 petition the reason you were declined approval at the POE. Please advise.
 
wkhan3513 said:
Thank folks for the advises. I opted for the Toronto Pearson to fly in, rather than land border. Mainly because the Toronto Pearson you dont have to go into secondary for getting an I-94, whereas at the land border, its secondary by default, as they issue paper I-94.
Update: Flew in to the US from YYZ, only a few standard questions and I-129 was not reviewed, only some questions asked. Got stamp in passport for the next 3 years. Will be waiting for the I-94 to be updated online, as they didn't give me paper I-94, before travels.
Click to expand...

What additional questions were asked?
 
The questions at the airport were standard. Where do you live? Where are you going? Who is your employer? What do you do?
 
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