Traveling with pending I129

P

pigsfly

New Member
My circumstances are these: I efiled a TN renewal on Sept. 29th for a TN that expired on Oct. 1. I travel to Vancouver at this end of this week and have not heard back. The current advice, as I understand it, is to leave the I129 pending and apply for a new TN at the border when I return. This leaves me with two questions:
1) What if my I129 is processed while I am in Canada? Do I need to get the I94 that they will send to my US address to be able to reenter the country?
2) Can the requested duration of employment on the letter I take to the border differ from the one filed with the I129?

many thanks
ari
 
Corrections:

The current advice is to leave the I-129 pending only until you get the TN at the border, after which you formally write to cancel the pending I-129. This is important.

1) If the I-129 is approved while you are out of US, you simply ask for the CBP officer to look up the case, see it is approved, and have him issue an I-94 right there. Even if you're not sure it has been approved, you should ask them while crossing.

2)Of course, they are separate petitions. And this brings back why it is important to formally withdraw the I-129 after you get your border TN. You eliminate the risk that they will approve a one-year TN, after you get the 3-year (the one year would take precedence as the 'last action').
 
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nelsona,

Thanks for the information, and especially thanks for pointing out that I left out one of the most important parts of the process.
 
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