Travel with pending EOS on a valid visa

M

mike2080

New Member
Can I tarvel to mexico for few hours (living close to the border) while I have a pending extension of stay (I-129) with USCIS and my current TN visa/I94 is still valid and will be valid when I come back to US?

I have already done so but now worried if that could result into USCIS denying my petition. btw, I did not get a new I94 and just my I94 was electronically scanned on my way back.
 
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Thank you for your response. I understand that travel is possible but does such travel jepordize my EOS petition in anyway? The reason I am asking is because I saw a lawyer page site at

bdzlaw.com/extension-of-tn-status

which says under “travel issues while eos pending”:

As result, if a TN visa worker departs the U.S. while his/her I-129 petition is pending, the petition may be denied in full.

I can not find a similar statement anywhere else. is this correct? can’t tell you how many nights of sleep I have lost over this!!
 
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Your I-129 is essentially for a new TN, since you apply for a new TN every time your TN expires. That said, I do not understand how it will jeopardize your existing TN status (and Visa, if you have one) that is valid and will be valid at the time of your return to the US.
 
My existing TN status and Visa is fine and I am not asking about jedpordizing that. The question is about my pending I-129 and if my same trip after the petition recieved date could result into denying my I-129 extension of stay (EOS) according to that lawyer website? I hope the question is clear.
 
Yes, your question is clear and I do not think your pending I-129 for a new TN will be denied due to your international travel while your existing status is valid.

Disclaimer: Not a legal advice; Consult your corporate attorney if still in doubt.
 
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