TN->H-1B re-enter: MEX or CAN border?

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robnorthJunior Member
Topic author
Posts: 10
Joined: 4 Sep 2008

TN->H-1B re-enter: MEX or CAN border?

Post Tue Dec 07, 2010 1:13 pm

I'm a Canadian citizen who's been living and working here in Southern California for the last two years on TN status. My company recently put through all the paperwork for me to get an H-1B, which is now approved and ready to go. All we (me, wife, four kids) need to do is leave and re-enter to properly "activate" the H-1B.

Now, we could drive 3 hours to the Mexican border and do it there, or we could drive 20 hours to the Canadian border and do it there.

I really don't want to make that big long drive again (we went back in the summer for vacation, visit family and friends, etc.). But I've heard that if we do it at a Mexican border crossing, we could have problems like:
  • long lines
  • USCIS officers who are more likely to be cranky or hard-assed than officers who work on the Canadian border
  • small risk of criminal weirdness during the "turn-around" at the border
Anyone with some real-life experience on this? Suggestions for border crossings other than the "default" I-5 San Ysidro/Tijuana crossing that might be quicker/easier/less risk? (Tecate? Calexico/Mexicali? Algodones/Yuma?) I just want a process that will be as quick and hassle-free as possible. Thanks!
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agnelsonCanuckAbroad VIP
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Joined: 26 Aug 2009

Re: TN->H-1B re-enter: MEX or CAN border?

Post Tue Dec 07, 2010 2:40 pm

All we (me, wife, four kids) need to do is leave and re-enter to properly "activate" the H-1B.


Are you sure you even have to do that? If your I-797 approval notice came with an I-94 attached, you are in H1/H4 status. The activation has taken place. Show the I-94 to your employer and fill in a new I-9 for employment records, -- you are in H1 from the day you recived the approval.

However, if no I-94 was attached, then you can go anywhere outside US and come back, with the I-797 and you will be admitted in H1. You only need to do this when your current TN nears its expiry, so it can be done at your convenience.
If this is the case, you may want to point this out to your employer, and highlight that this ovesight on their part (all they had to do was tick one box and it would havebeen done) has caused you a major inconvenience, and that they should handle any costs involved.

But, check out your I-797: I have a feeling you are already in H1.
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robnorthJunior Member
Topic author
Posts: 10
Joined: 4 Sep 2008

Re: TN->H-1B re-enter: MEX or CAN border?

Post Tue Dec 07, 2010 3:24 pm

Ahhh. No I-94 with my I-797, so I guess my company and their law firm weren't aware of that possibility. I'll pass that on to them.
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: TN->H-1B re-enter: MEX or CAN border?

Post Tue Dec 07, 2010 3:32 pm

Oh, they were aware: the I-129 form is not the Magna Carta.

They simply goofed. You should be prety pi$$ed off at them.

Make sure they grant you paid time and expenses to get this done.
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robnorthJunior Member
Topic author
Posts: 10
Joined: 4 Sep 2008

Re: TN->H-1B re-enter: MEX or CAN border?

Post Wed Dec 08, 2010 5:11 pm

Thanks for all the info, agnelson!

I still could use some tips on whether any of the CA-MEX border crossings are a good idea for us!
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