Travel while I-129 Pending
- Thread starter kats99
- Start date
If your current TN is valid, then nothing happens to your pending 129/539 - use your current TN to reenter the US. If your current TN has expired, then you will have to get a new TN at the border. Then you should write to the USCIS to cancel your I-129 and 539 (I am not sure if they get cancelled automatically)
nelsona
Registered Users (C)
There is a slight difference with the I-539 and the I-129.
The I-539 is self-petitionned in this case, and leaving US DOES cancel it.
So, this *might* cause a problem, if the departure is discovered during I-539 processing.
But if you receive an I-94 attached to the I-539, then you are fine. Otherwise a second trip to the border, after the TN is approved, may be required for the TDs.
Technically, the 'change of status' portion of the I-129 is abandonned as weel, but this is rarely if ever enforced, since the approval of the status is the main objective of the I-129, so they don't care so much (especially for cdns who don't need visa, and don't typically surrender I-94).
But for I-539, it sole purpose is for change of status, so leaving US should cancel it.
The I-539 is self-petitionned in this case, and leaving US DOES cancel it.
So, this *might* cause a problem, if the departure is discovered during I-539 processing.
But if you receive an I-94 attached to the I-539, then you are fine. Otherwise a second trip to the border, after the TN is approved, may be required for the TDs.
Technically, the 'change of status' portion of the I-129 is abandonned as weel, but this is rarely if ever enforced, since the approval of the status is the main objective of the I-129, so they don't care so much (especially for cdns who don't need visa, and don't typically surrender I-94).
But for I-539, it sole purpose is for change of status, so leaving US should cancel it.
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Is it for I-539/I-129 expired or I-539/I-129 still valid. I have applied for TN about a month ago and my TN will exprie in 25 days. Next week I want to visit to Canada and want to return 2 weeks before the TN/TD(of my wife) status expire. I thought it will not create any problem. If it does, I have to reconsider about visiting canada.
TheRealCanadian
Volunteer Moderator
If memory serves correctly, the I-539 can also be used for extension of non-immigrant status.
nelsona
Registered Users (C)
If the TN /TD is expired, then there is no question that you MUST make a new petition at the border.
If the TN/TD are not yet expired, then, as I said, the TN approval is not affected, bu the status extension of TN, and especially TD, are in jeopardy.
You will be allowed to enter on the old unexpired TN/TD. And as long as you keep the current I-94s, you *should* be OK. But it is not guaranteed. The only way you will know is when you get your approval. It will have an I-94 on it (good) or not (then you go to the border with these). It is very rare for an I-539 to be cancelled by leaving US to go to Canada, but it can happen.
If the TN/TD are not yet expired, then, as I said, the TN approval is not affected, bu the status extension of TN, and especially TD, are in jeopardy.
You will be allowed to enter on the old unexpired TN/TD. And as long as you keep the current I-94s, you *should* be OK. But it is not guaranteed. The only way you will know is when you get your approval. It will have an I-94 on it (good) or not (then you go to the border with these). It is very rare for an I-539 to be cancelled by leaving US to go to Canada, but it can happen.
nelsona
Registered Users (C)
Yes, change or extension. In this case, extension. My point was that the sole purpose of the I-539 was to change or extend status, not confer any working authorization.
That is why I-539 is in more jeopardy of being thrown out.
But we are talking shades of unliklihood.
Does it mean that even if my TN and my wife's TD is not expired, leaving USA(and re-enter before TN/TD expire) during the pending I-129 and I-539 will create problem for TN, especially TD?
Do you think I should not visit Canada before I get the new approval?
Thanks for the information. I rather not visit this time. Next year, I will get TN extension from border which is much cheaper(about $100 vs. $620 by mail).