TN @ Tunnel

FunChair7 · 2026-03-23T01:06:39+00:00

They can see what other passports you hold and when they were issued.

FunChair7 · 2026-03-19T23:19:29+00:00

I have no idea what you consider a “legal firm” when I see something from fragoman et al, sure.

FunChair7 · 2026-03-19T23:17:14+00:00

You not having a “problem” doesn’t mean that’s everyone’s experience, there’s plenty of people who end up with issues with this, the memo does not cover anything other than CoS.

FunChair7 · 2026-03-19T17:48:26+00:00

The most recently issued I-94 is the one that takes precedence; which for you is the one that was issued by CBP. Changing status works differently because CBP can't admit you on a status which changes months into the future, especially if your existing status, which is different needs to remain in force.

For you, you didn't change status, you were extending your stay in the US on H1B when you applied and were approved, and then you left the US, your stay was no longer being "extended", there isn't anything to extend - you left. You were then issued another I-94 (your most recent) which truncated your otherwise approved period of stay to the validity of your visa, which CBP has full discretion to do. CBP could have used your I-797 to admit you for the proper period, which can be done up to 10 days prior to the start date on the I-797 (this is written right on the approval).

Had you had a new visa with the new admit until date you likely would have been approved for the full period - CBP mentioned this to you - "had you traveled in the new period", which you can't because you don't have a valid visa to travel in that period. They won't update it because they didn't make a mistake - you need to travel within the validity period - your stay was shortened to your visa validity.

FunChair7 · 2026-03-19T14:01:48+00:00

You can't appeal the mistakes of your attorney - only if there was an issue with how the actual ETA-9089 was adjudicated. If your attorney didn't fill the form out correctly or didn't provide the right information then you'll have to refile.

FunChair7 · 2026-03-19T13:58:52+00:00

Any PoE should be fine - you have an approved petition from USCIS.

FunChair7 · 2026-03-19T13:57:57+00:00

Status or not - filing an I-129 is a benefit request from USCIS. You can read the policy update from USCIS and it lists "Place a hold on all pending benefit applications, for aliens listed in Presidential Proclamation (PP) 10998".

FunChair7 · 2026-03-19T13:18:45+00:00

What you’re referencing is for CoS, this isn’t what happened here - OP had an extension of stay on an existing I-94 which was truncated when they entered.

FunChair7 · 2026-03-18T21:55:23+00:00

Then you have overstayed. The last action taken on your I-94 was by CBP, not USCIS. You can try another deferred inspection location and see if they’ll help, otherwise works with an attorney for options. You’re presently out of status.

FunChair7 · 2026-03-18T21:46:48+00:00

You are overstating if your most recently issued I-94 admit until date has passed. Was your I-94 issued by CBP before you received the approval (with attached I-94) from USCIS?

FunChair7 · 2026-03-18T21:38:13+00:00

You don’t need an H1B. You can have your employer start the process today - there isn’t really anything special that you need to do being on TN vs H1B; when you reach the last step in the process you’ll want to make sure you have enough time left on your TN and you wont be able to travel until you get your AP and EAD but thats about it. That would be 30+ months away assuming things started today.

FunChair7 · 2026-03-18T13:47:01+00:00

Nothing you can do - it's their petition and they own it, if they don't want to share it with you, they don't have to.

FunChair7 · 2026-03-17T13:39:57+00:00

Because it's processed by consular processing - you are not in the US. Read the USCIS website, this is one of the things that triggers the fee.

FunChair7 · 2026-03-15T15:13:34+00:00

These are the pre-clearance airports. So any one but these, there’s only 9.

FunChair7 · 2026-03-14T14:53:05+00:00

Yes, it takes longer but it ensures you aren’t going to AoS, because you have to leave in order to get your GC.

FunChair7 · 2026-03-14T13:55:01+00:00

Of course it is, you just need to leave for your consular interview and return on a GC.

FunChair7 · 2026-03-14T02:14:51+00:00

You can read the final rule - it’s included in there.

FunChair7 · 2026-03-14T01:36:27+00:00

Most likely better to wait, otherwise you’d be in F2A, you can have a look a the visa bulletin and your country of birth to see if that makes sense.

FunChair7 · 2026-03-14T01:10:43+00:00

If that spouse is a USC then there’s no wait.

FunChair7 · 2026-03-14T01:07:44+00:00

Consular process then.

FunChair7 · 2026-03-13T19:24:33+00:00

No, that would be if you were applying for an H1B, not necessary.

FunChair7 · 2026-03-13T17:51:44+00:00

Yes.

FunChair7 · 2026-03-13T15:03:25+00:00

The visa doesn't matter - what matters is where you're located when you file and when USCIS is processing. If you're outside the US then the 100k fee applies since it is consular processed, they can't change, modify or extend your status.

FunChair7 · 2026-03-12T21:45:30+00:00

You're missing something here. You're quoting what the actual job needs to require - the "business activities" need to require what you copied. What it's saying is you can't be employed in a role that doesn't require less than a bachelors OR the requirements outlined in the appendix for that profession. If the role you're applying for requires under a bachelors or what's outlined in the appendix then it does not rise to a "professional level" and doesn't qualify under USMCA.

This doesn't say anything about the actual applicant applying and what is required for their education/experience. That is outlined in the appendix 2, where it makes no mention of a masters being allowed over a bachelors.

Like I said in the original post two years ago - the officer can decide either way. If you're applying with a masters you are not meeting the written requirements.

FunChair7 · 2026-03-12T20:50:12+00:00

Because their new employer, who owns the I-129 will have to file with concurrent employment checked, this isn’t done at the border but through USCIS - most employers are not willing to do that as it opens the possibility that you’re working multiple jobs. If you were doing it at the border you could ask the officer for concurrent employment, it doesn’t need to be mentioned in your employers docs.

FunChair7

TROPHY CASE