Travel outside of the U.S. while a change of nonimmigrant status is pending with USCIS is considered to be an abandonment of the application.
Travel outside the U.S. while an extension of stay (on Form I-129) is pending with USCIS is not considered an abandonment of the application, but does present practical documentation difficulties. The regulations provide as follows:
The beneficiary must be physically present in the United States at the time of the filing of the extension of stay. If the alien is required to leave the United States for any reason while the extension request is pending, the petitioner, in the case of a Mexican citizen TN beneficiary, may request the director to cable notification of approval to the consular office abroad where the Mexican TN beneficiary will apply for a visa. In the case of a Canadian TN beneficiary, the petitioner may request the director to cable notification of approval of the application to the port-of-entry where the Canadian TN beneficiary will apply for admission to the United States. If approved, an extension of stay may be authorized for up to one year. There is no specific limit on the total period of time an alien may remain in TN status.
Long Service Center processing times might mean that an extension application will not be approved before the TN has to return to the United States. The implication of the wording of the regulation cited above is that if the original TN I-94 expires while the TN is abroad, he or she may have to remain outside the U.S. until the TN extension petition is approved. While the TN may reapply for a new TN admission at the border or airport by presenting the same documentation that must be presented for an initial TN entry, it has been reported that CBP officials may want the pending extension petition withdrawn before they will process an application for a new TN application for admission at the border.
In cases where an extension petition has not been filed, and "the expiration date of the previous period of admission" has not yet been reached, a Canadian TN could apply for a new admission at the border, by presenting a new employer letter and the same documentation that must be presented for an initial TN entry. Mexican TNs can do the same, but would also have to present a valid TN visa for readmission. The regulation reads as follows:
(2) Readmission at the border. Nothing in paragraph (h)(1) of this section shall preclude a citizen of Canada or Mexico who has previously been admitted to the United States in TN status, and who has not violated such status while in the United States, from applying at a DHS-designated port-of-entry, prior to the expiration date of the previous period of admission, for a new three-year period of admission. The application for a new period of admission must be supported by a new letter from the United States employer or the foreign employer, in the case of a citizen of Canada who is providing prearranged services to a United States entity, which meets the requirements of paragraph (d) of this section, together with the appropriate filing fee as noted in 8 CFR 103.7(b)(1). Citizens of Mexico must present a valid passport and a valid, unexpired TN nonimmigrant visa when applying for readmission, as outlined in paragraph (d)(1) of this section.