TN visa stamping at POE

ram2016

ram2016

New Member
Hello All,
I hope you are doing well.

Background- We are Canadian citizens( me, my wife, and my son), my wife is on H1b, and me and my son are on H4. I was working on H4-EAD, and it got expired in June.2021( I've applied for an extension due to the coivd the timelines are very long, almost 14 months), So I asked my employer to sponsor TN for me, they applied using the premium process. I got my TN before my H4EAD expired. TN category is CSA and the job title is Data analytics manager, MS in IT from a USA university.

My company attorney told me that I need to cancel my H4 application because if it gets approved later, It will overwrite my TN status. so I requested USCIS to cancel my H4 Application. USCIS processed my request and canceled mine and my son's H4. I consulted with an immigration attorney and suggested that we cross the border and get him a new I94 to solve the issue.
So my questions are -
1. I plan to go to Blaine POE for my TN, my wife's H1b, and my son's H4 or TD. Based on the forums, getting a visa at Blaine POE is difficult, Is that true? OR is it better to go to Detriot or Naigra POE? what would you suggest?
2. I was dependent on my wife's i-140 application(2016) and my sibling sponsor I-130 (2012) both are in process. Will that create any issues? Both won't be available in the next 6-10 years.
3. We all are going for visa stamping ( H1b, TN, and H4 or TD) will that create any confusion to the officers?
4.I am already working in the USA, and have an approved I-129 document will that help to make things easier?

I really appreciate all your help!!!
Thank you
Ram
 
1. Your spouse's H1-B was approved, if it has an I-94 attached, she need do NOTHING. If your TN has an I-94 attached you need do NOTHING. There is never a need to have anything stamped in a passport. The I-94 is what matters.
Only your son, since he does not have a pending H4 or TD, needs to get something at the border. Pick one of you and go with him. But neither of his parents have anything to be done at border for your statuses. The question is what advice were you given that had you cancel his perfectly legitimate H4 petition?
2. No. Only I-485 would matter.
3. See 1. Why? Just go get his TD or H4, nothing else.
4. You don't need anything "easier" or "harder".
 
Thank you for your advice, nelson.
1. We both have valid i-94's.
The question is, what advice were you given that had you cancel his perfectly legitimate H4 petition?
I asked USCIS to cancel my in-process H4; I didn't say anything about my son's H4. After receiving a letter from USCIS, I've called them and asked why you canceled my son's application. They said Both ( me and my son) applicants are in ONE APPLICATION. So if you request to cancel, one other's will be automatically canceled ( though we have separate file numbers). I don't want to argue with them just wanted to get in touch with an attorney.

Thanks
Ram
 
Yeah. Thought that might be the case. Too bad. now one of you has to get him to the border (i assume his H4 is expired?). Your choice, but I would probably leave him in H4 rather than TD.
 
Since your spouse is going for GC, it will be one less thing to worry about, since his H4 can continue unhampered when I-485 is filed , while a TD (like your TN) cannot.
 
In a couple of discussions, approved I-130 would cause an issue at the time of TN stamping. Is that true? I have approved I-120 and planning to cross the border. I am a little bit concerned because my I-130 is in the process ( F4 sibling sponsor, applied in 2012). any advice, please?
 
It is true that TH does not have the same "protection" from I-130 immig intent, as does I-140. However, if you are questioned about it directly, if you can show that your eligibility date for F4 is WAY in the future, you should be fine.

Since you already have a TN, it obviously wasn't a problem so far. Besides, they shouldn't be "processing" your TN at the border. It is already approved and you are working with an I-94 in hand from your I-129 approval. , you don't need stamping.

If you are really concerned, just send your wife and child to the border.
 
Thanks nelsona. Quick question, If I cross the border along with my wife and kid( wife can’t drive due to the leg injury), I don’t need a stamp in my passport? Just show my valid I94 and enter into US? So far I was thinking if I cross the border I need to get a stamp in the passport.
 
You show them the I-94. The CBP officer can decide to stamp your passport, but he does not have to. Carry both bottom parts of your I-797 (or the entire I-797 if that is simpler)
 
TN does not have the same "protection" from I-130 immig intent, as does I-140. What does it mean? trying to understand, both are immigration intended.
 
Both USCIS and CBP have long-standing memos instructing personnel NOT to deny TN simply on the basis of a filed or approved I-140, absent any other indications of intent. There are no such memoranda for I-130.
 
Finally, I crossed the DTC border today. Canada side no questions ( I told him, doing a flagpoling). CBP asked us to go inside into the office, the officer took our passports and didn’t stamp mine and my wife’s passport but stamped my sons passport(H4). I asked him why no stamp in my passport, officer replied that it’s not, required and I've updated i94 expiration information in the system. After coming out of the office I checked online( most recent i94) but it’s not updated, but when I checked history it was showing my entry and exit record. Is it okay or should I reach out to cbp? Thank you!!!
 
C'mon. I have already stated that the CBP needed to do nothing, and that is what they did. You have a dated I-94. Move on.
 
Thank you Nelsona!! One of my friends told me that I need to get a stamp on my passport, so I wanted to confirm, Once Again Thank you!!!!!!
 
nelsona said:
Both USCIS and CBP have long-standing memos instructing personnel NOT to deny TN simply on the basis of a filed or approved I-140, absent any other indications of intent. There are no such memoranda for I-130.
Click to expand...
Hi Nelsona, could you please help me to find this memo.
 
Please read the curiousgeorge post that has been pinned to the top of this forum. This is well-known information that is posted there.
 
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