The Law Office of Brian D. Zuccaro, PLLC

View Original

FAQ: Is There An Issue If My CBP TN Visa I-94 Record Does Not Match My I-797 I-94 Record?

Question: My employer recently filed an I-129 petition with USCIS to extend my TN visa status. This petition was approved, and I was provided an I-797 approval notice with an I-94 record documenting my new 3-year TN period. However, when I checked my I-94 record online with USCBP’s website, the I-94 record provided there is still showing my old TN expiration date. Is there something wrong with the system or my status?

Reply: No, this is perfectly normal assuming that you have not travelled outside of the U.S. since the approval of your I-129 extension of TN visa status petition. As shown in the screenshot below from CBP’s FAQ section, the I-94 record obtained through CBP.gov is only updated when you are physically entering the U.S. The USCBP I-94 record is not updated following an extension of status obtained through an I-129 TN petition filing with USCIS. When you next enter the U.S., CBP will update its I-94 records to match the I-94 record contained in the I-797 TN approval notice issued to you from USCIS.