TN to TD

N

Nisusavi

New Member
Hi All,
Good day. My wife initially entered US as my dependent on TD and got her i94 stamped with expiry date of May 27, 2021. She was later hired by my employer and applied for her TN with USCIS and got her i797 approval. She has resigned today and we need some help on the following:

1) I understand that after her last day, her TN expires immediately and she will go on the grace period for stay. Is the grace period 10 days or 60 days?
2) Considering her i94 stamping was issued until May 27, 2021, can she continue to stay on that?
3) Do I need to accompany her to get her TD at the border or can she go alone and get it done with my documentation ?
4) I am considering going to the border at San Diego. Any gotchas or how to is very helpful.

Thanks for your time and help. Much appreciated.
 
1. 60 days, if her TN I-94 was not yet expired.
2. No, Her old I-94 in TD was no longer valid, because she filed for a CHANGE of status (to TN) with USCIS. She thus has a new I-94 in TN, presumably with a different end date.
3. She can go by herself.
4. Nope,
 
One should always remember that the stamp in a passport is the least significant piece of information regarding status. The I-94 means everything. Sometimes they match. most times they do not (like in her case), but the I-94 always takes precedence.
 
Thanks @nelsona for the response. Upon receiving her TN i797 approval, my wife did not cross the border to get her new i94 based on TN. With covid, our travel plans got postponed and the i94 on TN did not happen. The i94 with the expiry of May 27, 2021 that I mentioned previously is of her old TD i94. Based on your comments, it is no longer valid. With that said, since she did not have an i94 on her TN, would it still be 60 days grace period?
 
Nisusavi said:
Thanks @nelsona for the response. Upon receiving her TN i797 approval, my wife did not cross the border to get her new i94 based on TN. With covid, our travel plans got postponed and the i94 on TN did not happen. The i94 with the expiry of May 27, 2021 that I mentioned previously is of her old TD i94. Based on your comments, it is no longer valid. With that said, since she did not have an i94 on her TN, would it still be 60 days grace period?
Click to expand...
If her Change of Status was approved, the approval notice was an I-797A, and a corner of it is the new (paper) I-94.
 
If she didn't get her I-94 on her I-797 (please double-check), then she never was in TN status! She worked illegally (and her firm hired her illegally).
What did she think getting a "new" I-94 was for, other than to begin working legally?
 
According to the attorney, she can legally work with the i797 approval for her TN and can later get a new i94 whenever she travels out of the country and reenter.
 
I-129 for TN for someone in the US is only for Change of Status or Extension of Status (there is no separate petition for TN); therefore, I think that if it's an "approval", it must be an I-797A and must come with a new I-94. It should be in a corner of the I-797A.
 
I-129s are regularly issued for TN (as with all other statuses) for those outside country (and thus without I-94). This was changed several years ago.
There has NEVER been a requirement for beneficiary to be in US for I-129 to be filed.

The attorney was wrong, in any event -- as they often are with regards to TN. You were not in TN status until and unless you left US and re-entered requesting TN.
 
My wife was on TD in US and the employer/attorney filed a change of status with I-129. I checked the application filed for her TN and the following option was chosen "Change the status and extend the stay of each beneficiary because the beneficiary(ies) is/are now in the United States in another status (see instructions for limitations). This is available only when you check "New Employment" in Item Number 2., above"

Update:
I did not know and notice that the i797a approval has the i94 information printed at the bottom half of the page. Thanks for that. It has her new i94 and it shows an expiry date of 02/13/2022.

So does this mean, she get a 60 day grace period ?
 
Last edited:
Curious that (a) your employer seems not to have taken a copy of this for their legally required files, and (b) that their lawyer was unaware of the importance of a valid I-94 in establishing work authorization.

Let that be a lesson to you to not blindly trust what is told you about YOUR status, regardless of the source.
 
My employer received a copy of i94 from the attorney's office upon approval and possibly recorded the i94 with the right dates. On the other hand, I was unaware that the i797a approval contains the new i94 and assumed that a new i94 will be received when my wife travels outside and be issued one upon reentry. Good to know this information. Thanks.
 
You must log in or register to reply here.
Top