I-94 with your TN Visa..Important Information


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Ottawa_Nerd   
Member since: Jan 04
Posts: 1754
Location: Ottawa (Now in Bangalore)

Post ID: #PID Posted on: 14-02-05 08:05:49

Mods...can you please make this a sticky thread for a few weeks. I dont think this information is posted anywhere.

In a previous post
http://www.canadiandesi.ca/read.php?TID=5555
I had stated how one can obtain a TN visa at the Canada/US border. Now, along with the TN visa, an I-94 form will be attached to your passport. This will double as your "employment authorization" as well as your "multiple entry" visa.
But you should also be aware that an I-94 form MUST be handed over the US immigration authorities once you LEAVE the USA.... This definition is fuzzy for TN visa holders...So here goes my recent experience. Hopefully other desi's, having similar situations would benefit from this.

I obtained a 1 year, multiple entry visa. However, last month I had to leave for India. In essence, I was "leaving" the USA.. So technically I had to submit my I-94 forms. At JFK international airport, the Air India ticketing agent ripped off my I-94 form...
"..they will give you a new I-94 form when u re-enter"...
"But how can I re-enter ? This I-94 is the only proof that I am on a multiple entry visa"
"You are taking a big risk if you do not surrender the I-94"
"I dont mind that, please leave the I-94 form as it is"...

and with that intimidatory tone she stapled back the I-94 form back on my passport.

It turns out, I was right. On re-entry at Newark airport, I did not require any additional I-94 forms.. The immigration officer merely stamped on the old I-94 form. In addition, as I was entering from outside Canada, I was finger printed.
So folks, make sure YOU DO NOT PART WITH YOUR I-94 FORM THAT YOU OBTAIN WITH YOUR TN VISA, UNTIL ITS TIME TO RENEW YOUR VISA OR LEAVE THE USA AFTER YOUR TENURE

Ignore the clause which says "I-94 forms must be submitted when you leave the USA ".. It applies to TN visa holders only when u leave the US permanently.

and lastly...be careful of aunties and uncles at Air India ticketing counters :D


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dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 14-02-05 09:03:57

whats the possibility of converting TN to a green card ? Does it take 6-9 months or so ?



Mohanjeet   
Member since: Feb 04
Posts: 281
Location: Brampton

Post ID: #PID Posted on: 14-02-05 11:10:03

Quote:
Orginally posted by dan

whats the possibility of converting TN to a green card ? Does it take 6-9 months or so ?



TN never converts in a green card, H1 and L1 etc can convert.



Canadian Dream   
Member since: Jul 04
Posts: 177
Location: Calgary, AB

Post ID: #PID Posted on: 14-02-05 12:49:19

Quote:
Orginally posted by dan

whats the possibility of converting TN to a green card ? Does it take 6-9 months or so ?



For immigration purposes, H1 and L1 are considered dual intent visas - the intent to work as well as intent to migrate. The TN is not considered a dual intent visa. However there are some occassions when a TN holder can apply for a GC. Check out:
http://www.grasmick.com/canimfaq.htm



DiogenestheCynic   
Member since: Oct 04
Posts: 859
Location: At my desk

Post ID: #PID Posted on: 14-02-05 12:57:59

Quote:
Orginally posted by Canadian Dream

Quote:
Orginally posted by dan

whats the possibility of converting TN to a green card ? Does it take 6-9 months or so ?



For immigration purposes, H1 and L1 are considered dual intent visas - the intent to work as well as intent to migrate. The TN is not considered a dual intent visa. However there are some occassions when a TN holder can apply for a GC. Check out:
http://www.grasmick.com/canimfaq.htm</font>


Ummm...I don't think any visa can "covert" into a GC. AFAIK, GC has to be applied for by the sponsor. Theoretically speaking TN visa prohibits any attempts to take up residency status in the US. But if you do find someone who is willing to sponsor you for a GC, I don't think there should be a problem. But then as I said, I am not an expert. Someone else might know better.


-----------------------------------------------------------------
Diogenes
====================
The Cynic


Mohanjeet   
Member since: Feb 04
Posts: 281
Location: Brampton

Post ID: #PID Posted on: 14-02-05 13:11:35

Quote:
Orginally posted by Canadian Dream

Quote:
Orginally posted by dan

whats the possibility of converting TN to a green card ? Does it take 6-9 months or so ?



For immigration purposes, H1 and L1 are considered dual intent visas - the intent to work as well as intent to migrate. The TN is not considered a dual intent visa. However there are some occassions when a TN holder can apply for a GC. Check out:
http://www.grasmick.com/canimfaq.htm</font>


Have u used any services offered by this Firm..? Site looks impresive.



Canadian Dream   
Member since: Jul 04
Posts: 177
Location: Calgary, AB

Post ID: #PID Posted on: 14-02-05 14:51:40

Quote:
Orginally posted by Mohanjeet

Quote:
Orginally posted by Canadian Dream

For immigration purposes, H1 and L1 are considered dual intent visas - the intent to work as well as intent to migrate. The TN is not considered a dual intent visa. However there are some occassions when a TN holder can apply for a GC. Check out:
http://www.grasmick.com/canimfaq.htm</font>


Have u used any services offered by this Firm..? Site looks impresive.



Nope, no first hand experience with them. Usual disclaimer applies - I am not recommending or vouching for the info provided on the site.





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