Uncertain TN Visa Situation

F

Flameboy

New Member
Hi All - Apologies for the weird title as i wasn't sure how to word this.

I currently work in NYC (Firm A) who's TN visa expired but in Extension process with USCIS.
Another firm (Firm B) reached out, offered a job and told me to do a turnaround at POE.

I show up at POE and the agent said i overstayed my previous visa (firm A) which i tell him i have not as it's under extension process with USCIS and tell him that i'm here to have my New TN visa. He reviews my old application says "i shouldn't have received it" and denies it and denies the new one as well. Does not provide any written denial. Removes my last TN approval stamp from passport and sends me to Canada.

A week later, today, Firm A TN extension is approved by USCIS and i-797A is issued.

Question: Would i have issues traveling back to the States on the i-797A TN extension for Firm A. Do i need to re-apply for TN visa which would mean i-797A is useless because the TN could still end up getting rejected.
 
Yeah, he had no authority over your I-129 filing (nor your old one, since it had expired), so ignore that. You now have a TN for Firm A.

You should have shown him your I129 receipt and that's it, and then look at your new petition. Of course, take into consideration whatever REASON he gave you for denying the new one, in case there is a shred of sanity in what he was saying.

Looks like they are getting tired of seeing Cdns at the border since the testing requirement is done. Had it cushy for two years.
 
Thanks!

It's just a bit frustrating. i don't wish to show up at the border and constantly be told to go back and the attempts show up on my record.

Hence, will my i-797A extension by USCIS be enough for Firm A with all the paperwork or should i continue to worry and drive myself crazy.

Also, this is done by my frim's lawyers but then again the lawyers are paid by the firm and i have to also look into the best inerest of myself and ensure that i don't get banned given that i work in finance, that'll be a huge blow for any job prospect.
 
You won't get banned. Just show your I-797 approval. They have no business looking at the paperwork, and if they want to they can look online.

Btw, you never said WHY you were denied entry. You need to communicate this with the f=new firm that wants to hire you.

But first, just enter on you new TN with Firm A, get that sorted and then you can look at firm B.
 
Well, basically the agent accused me of overstaying on my first visa though i told him it's under review by USCIS. In hindsight, i should've brought the receipt number. Second, after looking at my courses on my degree he says i'm not an economist as i don't have an economics degree and should've never be allowed. A week later i have the i-797A from USCIS.

He then looked at my new visa and says the same. And basically tells me to go back.

The odd part which i felt was he had his mind made up because he calls me up after 3 hours of waiting and tells me i overstayed without asking anything. I didn't fight it as i know there's not much you say will do.
 
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