When does I-129 TN VISA starts?

Jfdiejf

Jfdiejf

New Member
Hey guys,

I got a job offer from a US employer who is filing a I-129 for me. I will be outside of the US when during this time. Does my TN visa becomes active as soon as USCIS approves or it will be active the day I cross the border with the approval notice and getting a I94?

Currently under a H1b, taking a 3 months break in Canada for family reasons. Will the TN USCIS approval impact my current H1B right away or only after I cross the POE with my new TN I94?

Thanks
 
For a new TN (as opposed to an extension) generally the time clock begins running on day of approval, and runs for 3 years. Your TN status does not begin until you get your I-94.
So you remain in H1-B status while in US (if your firm has a policy for family leave, otherwise you can no longer be in H1-B status while in US). When you are outside US, your US status is meaningless.
 
Thanks Nelsona, yes I'm basically using vacations + unpaid leaves, so can I understand this as:

the approval of I129 for TN status will not be active unless I get my I94 at the border? Before then, I can be in the US or outside of the US as any other status and this will not impact my TN?
 
Correct. But you are losing time against the three-year clock established by the approval date.

And if you wait an inordinate amount of time, part of crossing the border (as is always the case) will be to re-prove your eligibility, including whther the original petition is still viable.
 
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